Sections 1.1411, 1.1412, and 1.1415 Pole Attachment Access Requirements

Forms and Documents

Document Name	Status
3060-1151_final version_SS_4_2022.docx Supporting Statement A	2022-04-28

IC Document Collections

IC ID	Document Title	Status
197831	Sections 1.1411, 1.1412, and 1.1415 Pole Attachment Access Requirements	Modified

ICR Details

OMB Control No: 3060-1151	ICR Reference No: 202203-3060-012
Status: Received in OIRA	Previous ICR Reference No: 201901-3060-004
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Sections 1.1411, 1.1412, and 1.1415 Pole Attachment Access Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/28/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	163,876	145,538
Time Burden (Hours)	112,534	554,410
Cost Burden (Dollars)	6,750,000	6,750,000

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Abstract: The Commission adopted a comprehensive regulatory scheme to ensure just and reasonable rates, terms, and conditions of access to utility infrastructure (usually called “poles or “pole attachments”). Access to poles involves requests, responses, notices, and coordination among utility pole owners, requesting attachers, and parties with existing facilities attached to the poles. The regulations in 47 CFR sections 1.1411, 1.1412, and 1.1415 include pole access timelines for one-touch, make-ready (OTMR) and non-OTMR attachments and use by new attachers of utility-approved contract workers. In addition, the rules require utilities to allow attachers to “overlash” existing wires and they eliminate outdated disparities between the pole attachment rates that incumbent carriers must pay compared to other similarly-situated cable and telecommunications attachers.

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Authorizing Statute(s): US Code: 47 USC 224 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:
	86 FR 67466	11/26/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 25268	04/28/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Sections 1.1411, 1.1412, and 1.1415 Pole Attachment Access Requirements

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ICR Summary of Burden

	Total Request	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	163,876	145,538	0	0	18,338	0
Annual Time Burden (Hours)	112,534	554,410	0	0	-441,876	0
Annual Cost Burden (Dollars)	6,750,000	6,750,000	0	0	0	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 the total number of respondents, total annual responses, and total annual burden hours previously reported to OMB as part of this collection. These changes result in an upward change in the number of respondents and the total annual responses due to an increase in the number of pole owners and attachers (both cable systems and telecommunications carriers) in the last two years. In addition, there is a downward change in the number of total burden hours from the time this collection was revised in 2019. The 2019 revision included the pre-existing paperwork burdens for the pole attachment timeline (then-Section 1.1420), the pole attachment contractor rule (then-Section1.1422), and the ILEC complaint rule (then-Section 1.1424) that were approved when this collection was renewed in 2018. However, those pre-existing burdens were substantially reduced due to the new pole attachment rules adopted in 2018 (adopting a new pole attachment timeline (Section 1.1411) and new pole attachment contractor rules (Section 1.1412)) and the movement of the burdens for the ILEC complaint rule (Section 1.1413) into OMB Control No. 3060-0392. As a result, those pre-existing paperwork burdens are now largely eliminated for this renewal, and the changes are reflected in this supporting statement.

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Annual Cost to Federal Government: $0

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.     No

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.     No

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: 04/28/2022

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