Procedures for Formal Complaints

Forms and Documents

Document	Type	Status	Availability
3060-0411_102020.docx	Supporting Statement A	Uploaded 2020-10-02	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
30107	Procedures for Formal Complaints - Private Sector		Modified
198530	Procedures for Formal Complaints - Individuals or Household		Modified
192737	Procedures for Formal Complaints - Federal Government		Modified
192736	Procedures for Formal Complaints - State, Local, or Tribal Governments		Modified

ICR Details

OMB Control No: 3060-0411	ICR Reference No: 202008-3060-030
Status: Active	Previous ICR Reference No: 201808-3060-008
Agency/Subagency: FCC	Agency Tracking No: Enforcement Bureau
Title: Procedures for Formal Complaints
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/02/2020
	Date Received in OIRA: 10/02/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2023	36 Months From Approved	11/30/2020
Responses	13	0	77
Time Burden (Hours)	366	0	1,937
Cost Burden (Dollars)	97,175	0	475,650

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Abstract: Sections 206 to 209 of the Communications Act of 1934, as amended, provides the statutory framework for the Commission's rules for resolving formal complaints filed against common carriers. In addition, Rule 20.12 (e) of the Commission's rules adopts the Section 208 formal complaint procedures for formal complaints against commercial mobile data service providers, except there is no remedy for damages. The information submitted is used by the Commission to determine the sufficiency of complaints prior to opening a docketed adjudication. The accelerated docket process expedites the processing of certain complaints and may be requested by any formal complainant.

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Authorizing Statute(s): US Code: 47 USC 151, 154(i) - 154(j) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 301, 303 - 304, 309, 316, 332 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 206 - 209, 271(d)(6) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 1302 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 45215	07/27/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 45215	07/27/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Procedures for Formal Complaints - Private Sector
Procedures for Formal Complaints - State, Local, or Tribal Governments
Procedures for Formal Complaints - Federal Government
Procedures for Formal Complaints - Individuals or Household

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	13	77	0	0	-64	0
Annual Time Burden (Hours)	366	1,937	0	0	-1,571	0
Annual Cost Burden (Dollars)	97,175	475,650	0	0	-378,475	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Commission is reporting adjustments to this information collection. We estimate 5 respondents a year which produce an estimated 13 responses annually. This is a significant reduction (from 577 responses to 13 responses) because we removed hours related to hearing work (excepted from PRA collection requirements). Lastly, the cost of filing a formal complaint has increased by $5 per filing. There is not a separate filing associated with making a request to be placed on the FCC’s Accelerated Docket. These estimates reflect adjustments to this information collection from the last submission to OMB based on more recent staff experience.

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Annual Cost to Federal Government: $5,598

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/02/2020

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