Supporting statement OMB 3060-0944 (2022) (final)

Supporting statement OMB 3060-0944 (2022) (final).docx

Cable Landing License Act, 47 CFR 1.767; 1.768; Executive Order 10530

OMB: 3060-0944

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OMB Control No. 3060-0944

Cable Landing License Act

47 CFR 1.767; 1.768

Executive Order 10530

November 2022

SUPPORTING STATEMENT


A. Justification

  1. The Federal Communications Commission (Commission) is requesting that the Office

of Management and Budget (OMB) approve an extension of OMB Control No. 3060-0944 titled, “Cable Landing License Act – 47 CFR 1.767; 1.768; Executive Order 10530” for three years. This Supporting Statement reflects an increase in the total annual costs from $92,985 to $123,360 (+$30,375) due to changes in the Commission’s application filing fees for cable landing licensees and the estimate of the number of applications received each year.1 There are no changes to the information collection under of with this extension request.


Cable Landing License Application Forms Approved and Pending Development by the Commission


We request continued OMB approval of the Submarine Cable Landing License Application forms approved under this collection. Currently, applicants can file letters electronically with the Commission to submit amendments, modifications, and other filings for which there is no existing application form. These information collections are approved under OMB Control No. 3060-0944. On September 30, 2008, the Commission’s International Bureau launched an e-filing module in the IBFS to provide the option of electronic filing for certain filings in lieu of filing through the Commission’s Office of the Secretary. Interested parties have the option to file their applications, pleadings and other filings through the IBFS module or submit their filings to the Office of the Secretary.2


As part of the Commission’s efforts to modernize its International Bureau Filing System (IBFS), the Commission plans to develop at least six new cable landing license application forms that will impact this information collection. We do not know the specific time frame for the development of each of those application forms. However, we estimate that the new projected completion date for all cable landing license application forms is December 2023. The development of the application forms is contingent upon the availability of funds, human resources and other factors. When the new forms and IBFS modernization are closer to completion, we will submit to OMB a request to revise the OMB Control No. 3060-0944 collection.3


Currently, applicants can file letters electronically with the Commission to submit amendments, modifications, and other filings for which there is no existing application form. These information collections are approved under OMB Control No. 3060-0944. On September 30, 2008, the Commission’s International Bureau launched an e-filing module in the IBFS to provide the option of electronic filing for certain filings in lieu of filing through the Commission’s Office of the Secretary. Interested parties have the option to file their applications, pleadings and other filings through the IBFS module or submit their filings to the Office of the Secretary.4





A complete list of cable landing license applications pending development is as follows:


Name

of Form

Brief

Description

Rule

Section

1. Submarine Cable Landing License Amendment

Amendment of an application to correct information required for the processing of the original application.

§1.767(m)(1)

2. Submarine Cable Landing License Assignment

Application to assign a license, or a portion of it, from one entity to another. Following an assignment, the license will usually be held by an entity other than the one to which it was originally granted.

§1.767(a)(11)

3. Submarine Cable Landing License Landing Point Notification

Notification of specific description of the landing stations in the U.S. and the foreign countries where the cable will land.

§1.767(a)(5)

§1.767(g)(8)


4. Submarine Cable Landing License Modification

Modification application requesting authority to modify the terms or conditions of a license, such as adding a new licensee or relinquishing an interest in a license; also may be used to update information required to maintain accuracy of the certifications made in the original application.

§1.767(m)(1)

5. Submarine Cable Landing License Special Temporary Authority

Application requesting immediate authority for temporary service or for emergency service (Special Temporary Authority).

§1.767(a)

6. Submarine Cable Landing License Transfer of Control of License

Application to transfer control of a license. Following the transfer of control, the license remains held by the same entity or entities, but there is a change in the entity or entities that control a license holder.

§1.767(a)(11)


The Commission removed the Submarine Cable Landing License, “Other Filings” and “Submarine Cable Landing Notification of Operation Forms” from this information collection because the applicants/respondents notify the Commission of miscellaneous items such as name changes, etc., by letter filed electronically in IBFS. Therefore, the Commission is no longer planning on developing these two forms.


This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

The statutory authority for this information collection is contained in the Submarine Cable Landing License Act of 1921, 47 U.S.C. 34-39, Executive Order 10530, section 5(a), and the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-(j), 155, 303(r), 309, and 403.


2. Use of the Information


The information will be used by the Commission staff in carrying out its duties under the Cable Landing License Act of 1921 (Cable Landing License Act), Executive Order No. 10530, and the Commission’s implementing rules, 47 CFR xx. Pursuant to Executive Order No. 10530, the Commission has been delegated the President's authority under the Cable Landing License Act to grant cable landing licenses, provided that the Commission must obtain the approval of the State Department and seek advice from other government agencies as appropriate. The information collections required by the rules are necessary to determine whether and under what conditions the Commission should grant a submarine cable license to land and operate in the United States. Pursuant to Executive Order No. 10530, the Commission has been delegated the President's authority under the Cable Landing License Act to grant cable landing licenses, provided that the Commission must obtain the approval of the State Department and seek advice from other government agencies as appropriate.


3. Use of Information Technology


On May 11, 2005, in Report and Order, IB Docket No. 04-226, FCC 05-91, the Commission made electronic filing mandatory for international telecommunications services and other international filings, including submarine cable landing license applications, subject to the availability of electronic forms. As noted above, on September 30, 2008, the International Bureau launched an e-filing module in IBFS to provide applicants and other interested parties the option of electronic filing for certain filings for which forms are not available in lieu of filing through the Commission’s Office of the Secretary. All submarine cable forms included in this collection are filed electronically in the IBFS.


4. Non-Duplication


An applicant for a common carrier (but not a non-common carrier) submarine cable landing license must file two electronic applications: (1) a cable landing license application and (2) an international section 214 application for overseas cable construction. While the applicant may be able to use some of the same information in both applications, the applicant must file two separate applications.


5. Burden on Small Business


In developing this collection, the Commission considered the impact of our information collection requirements on small businesses and other small entities. Therefore, the Commission certifies that the requirements of this collection will not have a significant economic impact on a substantial number of small entities. As noted above, no changes to the collection are contemplated in this extension request.


6. Critical Nature of Collection


The frequency of filing applications and notifications under sections 1.767 and 1.768 of the rules will be determined largely by the applicants that seek authority to construct and operate a submarine cable, by licensees that seek authority to assign or transfer control of an interest in an existing cable, or by licensees acquiring an affiliation with a foreign carrier in a destination country of the cable. The exception to this general rule is the requirement in section 1.767(l) that certain licensees file quarterly reports. If the collection is not conducted or is conducted less frequently, applicants will not obtain the authorizations necessary to provide telecommunications services and facilities, and the Commission will be unable to carry out its mandate under the Cable Landing License Act and Executive Order 10530. In addition, without the collection, the United States would jeopardize its ability to fulfill the U.S. obligations as negotiated under the WTO Basic Telecom Agreement because certain of these information collection requirements are imperative to detecting and deterring anticompetitive conduct. They are also necessary to preserve the Executive Branch agencies’ and the Commission's ability to review foreign investments for national security, law enforcement, foreign policy, and trade concerns.

  1. Special Circumstances


There are no special circumstances associated with this collection of information.


8. Federal Register of the Agency’s Notice


On September 1, 2022, the Commission published a 60-day notice in the Federal Register (87 FR 53744) seeking comments on the information collection requirements contained in this collection. No comments were received from the public.


9. Gifts or Payments


Respondents will not receive any payments or gifts.


10. Confidentiality


The Commission has not granted assurances of confidentiality to those parties submitting the information. In those cases where a respondent believes information requires confidentiality, the respondent can

request confidential treatment under section 0.459 of the Commission’s rules.5 The Commission has determined, however, that maps showing the exact location of submarine cables should not be routinely available for public inspection.6


11. Sensitive Questions


The collection of information does not include any questions of a sensitive nature.


12. Estimate of Burden Hours for Information Collection


The information collection requirements are summarized in the chart below. The total number of respondents, on an annualized basis, for this information collection is approximately 58 based on the last three years of filings.7


Chart of Respondents, Responses and Annual Burden Hours





Rule Section

and Explanation

of Burden Estimate8

 

Number

of Responses

Time

Per

Response (in hours)

 

Total

Annual Hour Burden9

47 CFR 1.767


CABLE LANDING LICENSES


Applications for cable landing licenses under 47 USC 34-39 and Executive Order No. 10530 should contain: 


47 CFR 1.767(a)(1)-(a)(3):  Applicant contact information

and corporate organization;


47 CFR 1.767(a)(4): Description of submarine cable, including type

and capacity;


47 CFR 1.767(a)(5): Landing Point Notification: Map providing a specific description of the cable landing stations on the shore of the U.S. and in foreign countries where the cable will land. Applicant must specify the coordinates of any beach joint where those coordinates differ from the coordinates of the cable station. This information must be filed with the Commission at least 90 days prior to construction.

47 CFR 1.767(a)(6):  Statement as to whether the cable will be operated on a common carrier or non-common carrier basis;



47 CFR 1.767(a)(7):  List of proposed owners of the cable system, including each U.S. cable landing station, and their voting and ownership interests in each U.S. cable landing station and each segment of the cable;


47 CFR 1.767(a)(8)(i)-(iii): For each applicant, provide (i) citizenship and ownership information; (ii) certify whether the applicant has an affiliation with a foreign carrier in any country; and (iii) for each country where the cable would land, certify and identify any foreign carrier affiliations of the type described in paragraph (iii), including the country(ies) in which the foreign carrier is authorized to operate.


47 CFR 1.767(a)(9):  Certification that applicant agrees to abide by routine conditions specified in 1.767(g); and


47 CFR 1.767(a)(10):  Any additional information necessary for the  

Commission to act on the application.


4




































17 Hrs.







(2 Hrs.)




(2 Hrs.)




(4 Hrs.)









(0.5 Hr.)






(4 Hrs.)










(3 Hrs.)










(0.5 Hr.)




(1 Hr.)


68 Hrs.




































47 CFR 1.767(a)(8)(iv)


For any country that the applicant has listed in response to paragraph (a)(8)(iii) of this section that is not a member of the World Trade Organization, provide a demonstration as to whether the foreign carrier lacks market power with reference to the criteria in section 63.10(a).


1

2 Hrs. (if no comments are filed)

8 Hrs. (if comments are filed).

This burden includes a possible, additional information request by Commission staff in the event concerns are raised.

8

47 CFR 1.767(a)(11)(i)-(iii)

ASSIGNMENTS AND TRANSFERS OF CONTROL


If applying for authority to assign or transfer control of an interest in a cable system, the applicant shall provide the information required in this paragraph, including a narrative of the means by which the transaction will take place; the percentage of voting and ownership interests being transferred or assigned in the cable; and, for the assignee/transferee, the information specified in 1.767(a)(8)-(9).10 If the transaction also requires the filing of a 1.768 notification, a cross-reference to the notification and filing date. The assignee or transferee must notify the Commission no later than 30 days after either consummation of the assignment or transfer or a decision not to consummate the assignment or transfer.



8























9 Hrs.

72 Hrs.



















47 CFR 1.767(f)

THIRD PARTY DISCLOSURE

Applicants shall disclose to any interested

member of the public, upon written request,

accurate information concerning the location

and timing for the construction of a submarine

cable system authorized under this section.

The disclosure shall be made within

30 days of receipt of the request.





0

 

 

 

 

 

 

 

 

3


 

 

 

 

 

 




0 Hrs.

 

 

 

 

 

 

 

 

47 CFR 1.767(g)(7)

PRO FORMA ASSIGNMENTS/TRANSFERS


A pro forma assignee or person or company

that is the subject of a pro forma transfer

of control must notify the Commission

no later than 30 days after the assignment

or transfer of control is consummated.

The notification must certify that the assign-

ment or transfer of control was pro forma, as

defined in Section 63.24 of this chapter,

and together with all previous pro forma

transactions, does not result in a change of

the licensee's ultimate control. The licensee

may file a single notification for an assignment

or transfer of control of multiple licenses

issued in the name of the licensee if each

license is identified by the file number under which it was granted.



16

3 Hrs.

48 Hrs.

47 CFR 1.767(g)(8)

CABLE LANDING CONSTRUCTION


Unless the licensee has notified the Commission of the precise locations of the cable landing points, as required by paragraph 1.767(a)(5), the licensee shall notify the Commission no later than 90 days prior to commencing construction at that landing location.

011

0 Hrs.

0 Hrs.

47 CFR 1.767(g)(9)

ENVIRONMENTAL ASSESSMENT


The Commission may require that the licensee

file an environmental assessment should it

determine that the landing of the cable

at the specific locations and construction

of necessary cable landing stations may

significantly affect the environment within the

meaning of Section 1.1307 implementing the

National Environmental Policy Act of 1969.


0

 

 

 

 

 

 

 

 

10 hours

 

 

 

 

 

 

 

0 hours

 

 

 

 

 

 

 

 

47 CFR 1.767(g)(14)

SUBMARINE CABLE LANDING LICENSE


NOTIFICATION OF OPERATION

The licensee must notify the Commission

within 30 days of the date the cable is placed

into service. The cable landing license shall

expire 25 years from the in-service date,

unless renewed or extended upon proper

application. Upon expiration, all rights

granted under the license shall be terminated.


4

 

 

 

 

 

 

 

1 Hr.

 

 

 

 

 

 

4 Hr.

 

 

 

 

 

 

 

47 CFR 1.767(j), (k)(1)-(3)


REQUEST AND ELIGIBILITY FOR STREAMLINED PROCESSING


An applicant that seeks streamlined processing

must make a request in its application and must provide a copy of the application to the Department of State to initiate approval of the application by the Department of State. The applicant also must demonstrate eligibility in accordance with the provisions of paragraphs (k)(1)-(3).


8

This number consists of requests that may be included in initial applications, transfer of control and assignment applications, and applications to modify an existing license.





1 Hrs.















8 Hrs.














47 CFR 1.767(k)(4)


Applications for an initial license and applications to modify an existing license shall also include a certification that the applicant is not required to submit a consistency certification with any state pursuant to the Coastal Zone Management Act.


4

1 Hr.

 4 Hrs.


RENEWAL OR EXTENSION OF LICENSE

The cable landing license shall expire 25 years from the in-service date, unless renewed or extended upon proper application. Upon expiration, all rights granted under the license shall be terminated.






1





17 Hrs.






17 Hrs.



47 CFR 1.767(l)

REPORTING REQUIREMENTS APPLICABLE

TO LICENSEES AFFILIATED WITH A CARRIER WITH MARKET POWER IN A

CABLE'S WTO DESTINATION MARKET

THAT REQUEST STREAMLINED

PROCESSING

Licenses must file, within 90 days from the end of each calendar quarter, (1) reports summarizing the provisioning

and maintenance of all network facilities

and services procured from the licensee’s

affiliate in that destination market; and (2) listing its active and idle circuits on the U.S.-destination route by type of transmission facility.

2812

 

 

 

 

 

 

 

 

 

 

 

 

4 Hrs./Report

 

 

 

 

 

 

 

 

 

 

 

112 Hrs.

 

 

 

 

 

 

 

 

 

 

 

 

 

47 CFR 1.767(m)(1)

SUBMARINE CABLE LANDING LICENSE

AMENDMENTS AND MODIFICATIONS


6

2 Hrs.

12 Hrs.

47 CFR 1.767(m)(2)

RELINQUISH INTEREST

Any licensee that seeks to relinquish its interest

in a cable landing license shall file an application

to modify the license. Such application must

include a demonstration that the applicant is not

required to be a licensee under paragraph (h)

of this section and that the remaining licensee(s)

will retain collectively de jure and de facto

control of the U.S. portion of the cable system

sufficient to comply with the requirements of the

Commission's rules and any specific conditions

of the license, and must be served on each other

licensee of the cable system.


1

 

 

 

 

 





 

 

 

 

 

 

2 Hrs.

 

 

 

 

 

 

 





 

 

 

 

2 Hrs.

 

 

 

 




 

 

 

 

 

 

 

 

47 CFR.1.767(a)


SUBMARINE CABLE LANDING LICENSE

SPECIAL TEMPORARY AUTHORITY


Application requesting immediate authority for temporary service or for emergency service.


11






2 Hrs.






22 Hrs.






47 CFR 1.767; 47 CFR 63.18 INTERNATIONAL SECTION 214 APPLICATION FOR OVERSEAS CABLE CONSTRUCTION (FCC FORM 214)


0




9 Hrs.




0 Hrs.




47 CFR 1.768(a), (e)


NOTIFICATION BY AND PRIOR APPROVAL FOR SUBMARINE CABLE LANDING LICENSEES THAT ARE OR PROPOSE TO BECOME AFFILIATED WITH A FOREIGN CARRIER


Affiliations Requiring Prior Notification: A cable licensee must notify the Commission 45 days before consummating a transaction that results in the licensee, or certain of its affiliates as described in the rule, acquiring a controlling interest in a foreign carrier that is authorized to operate in a non-WTO market where the cable lands, or that results in the acquisition of greater than 25% of the capital stock, or a controlling interest, in the licensee by a foreign carrier authorized to operate in a non-WTO market where the cable lands, unless the licensee is able to make one of the showings in paragraph (b) of this section. The licensee must provide in its prior notification the information specified in paragraph (e) of this section.



1



9 Hrs.



9 Hrs.


47 CFR 1.768(b)-(c), (e)


POST-CONSUMMATION NOTIFICATIONS BY SUBMARINE CABLE LANDING LICENSEES THAT HAVE ACQUIRED AN AFFILIATION WITH A FOREIGN CARRIER


Any licensee that becomes affiliated with a foreign carrier and has not previously notified the Commission pursuant to this section shall notify the Commission within 30 days after consummation. The licensee must provide in its post-notification the information specified in paragraph (e) of this section.


1

9 Hrs.

9 Hrs.

47 CFR 1.768(d)


If the transaction requiring the notification involves a transfer of control or assignment application under 1.767(a)(11), the notification shall reference the transfer/assignment application and the filing date.

1

0.5 Hr.

0.5 Hr.


47 CFR 1.768(f)


If the licensee seeks to be excepted from the reporting requirements in 1.787(l) for a newly affiliated route, the notification must include a showing that the licensee is eligible as a non-dominant provider on the route pursuant to the criteria described in 63.10.


1


2 Hrs.


2 Hrs.


47 CFR 1.768(g)(2)


In the case of a prior notification filed under 1.768(a), the notification must include a showing that it continues to serve the public interest for the licensee to retain its interest in the license for that segment of the cable that lands in the non-WTO destination market. Such a showing shall include a demonstration as to whether the foreign carrier lacks market power in the non-WTO destination market with reference to the criteria in §63.10(a). In addition, upon request of the Commission, the licensee shall provide the information specified in 1.767(a)(8).



1

2 Hrs (if no comments are filed)

8 Hrs (if comments are filed).

This burden includes a possible, additional information request by Commission staff in the event concerns are raised.

8 Hrs.

47 CFR 1.768(h)


Accuracy of contents of notification. Licensees are responsible for continuing accuracy of information in the notification for a period of 45 days after filing. During this period, if information is no longer accurate, the licensee shall file, as promptly as possible and in any event within 10 days, unless good cause is shown, a corrected notification referencing the FCC File No. of the original notification.

1

1 Hr.

1 Hr.


47 CFR 1.768(i)


A licensee filing a prior notification under 1.768(a) may request confidential treatment under 47 CFR 0.459 for 20 days after filing.



1










6 Hrs.









6 Hrs.





REQUEST FOR WAIVER OF CABLE LANDING LICENSE RULES13


0

2 Hrs.

0 Hrs.





Totals:

 

 

99

Number of Responses


412.5

Rounded

413

Total

Annual Burden Hours


 



In-House Costs – We estimate that in-house staff is paid at an estimated rate of $40 per hour.


413 hours X $40 per hour = $16,520 Total In-House Costs to Respondents


13. Estimated Annual Cost Burden to Respondents


The estimated annual cost burden to respondents is below:


(a) Capital and Start-up Costs: 0


(b) Operation and Maintenance Costs


Outside Legal/Engineering Assistance: We estimate that the respondent will require outside legal and engineering assistance for 50% of the responses (50).14 The cost of outside legal and engineering assistance is estimated at $300 per hour. The figure is based on a small survey of local firms in the D.C. area and is considered a conservative estimate.


50 responses x 4 hours per response x $300 = $60,000 Total Outside Legal/Engineering Costs



Application Filing Fees:


The Commission adopted a new schedule of application fees in 2020.15 The fee for “new license” replaces three fees: (1) cable landing license (non-common carrier), (2) cable landing license (common carrier; and (3) Overseas cable construction (common carrier).  The new fee for “assignment/transfer of control” replaces the previous “prior consent to assignments and transfers of control.” There are new fees for (1) pro forma assignment/transfer of control, (2) foreign carrier affiliation notification, (3) modification (4) renewal and (5) waiver. The fee for Special Temporary Authority (STA) has been reduced.


As shown on the chart below, the total of application filing fees is $46,860:


Cable Landing License

Applications

Number of Applicants


Application Fee

Total

Costs

New License


4

$3,835

$15,340

Assignment/Transfer of Control


8

$1,230

$9,840

Special Temporary Authority (STA)


11

$675

$7,425

Pro Forma Assignment/Transfer of Control


16

$400

$6,400

Foreign Carrier Affiliation Notification


1

$495

$495

Modification



4

$1,230

$4,920

Renewal16


1

$2,440

$2,440

Waiver


0

$335

0


Total

45


$46,860


Some filings do not have any associated filing fees (including quarterly reports, amendments, landing point notifications, relinquishments, and notifications that a submarine cable has become operational).

(c). Total Annual Cost Burden



Description of Estimated Costs

to Respondents


Total Costs

Outside Legal/Engineering Assistance


$60,000

Application Filing Fees


$46,860

Total Cost to Respondents


$106,860



14. Estimates of Annualized Cost to the Federal Government


The cost-based application fees that the Commission adopted for cable applications are provided in item 13 above. The fee indicated is a reflection of the cost incurred by the Commission for review of that application. As the Commission stated in the 2020 Application Fees Notice and adopted in the 2020 Application Fees Report and Order, the review of all cable applications includes industry analyst processing and review, staff attorney review, and supervisory review.17 The Commission’s resources to process any typical cable application consist of the following (generally): industry analyst processing and review (GS-11/Step 5 employee), staff attorney review (GS-14/Step 5 employee), and supervisory review (GS-15/Step 5 employee).


As noted in item 13 above, the total cost for application fees for all submarine cable applications is estimated to be $46,860. This amount, as a government cost-based fee, also reflects the estimated cost to the government for review of the estimated number of submarine cable applications (specifically, those applications for which there is an application fee18) anticipated each year. On a per-employee basis, these are the estimated costs associated with each staff member involved in review of applications associated with application fees:





Annual


Federal Government

Number

Salary

Burden

Annualized

Staff

of Staff

Per Hour

Hours

Costs

GS-15/Step 5 Attorney

1

$80.63

165

$13,303.95

GS-14/Step 5 Attorney

1

$68.55

175

$11,996.25

GS-11/Step 5 Administrative Assistant

1

$40.70

145

$5,901.50


3



$31,201.70






The government costs associated with review of the 33 applications that lack an application fee are as follows:





Annual


Federal Government

Number

Salary

Burden

Annualized

Staff

of Staff

Per Hour

Hours

Costs

GS-15/Step 5 Attorney

1

$80.63

57

$4,595.91

GS-14/Step 5 Attorney

1

$68.55

58

$3,975.90

GS-11/Step 5 Administrative Assistant

1

$40.70

50

$2,035.00


3



$10,606.81









The estimated annualized cost to the Federal government is the sum of the costs for staff review of all submarine cable applications:


$31,201.70 + $10,606.81 = $41,808.51


15. Reasons for Change in Burden


There are no program changes to this collection. There are adjustments to the collection which are due to changes in the Commission’s application filing fees for cable landing licensees and the estimate of the number of applications received each year. There are due as follows: +20 to the number of respondents,

+5 to the number of annual responses, -8 to the annual burden hours and +$13,875 to the annual cost.


16. Publication of Results


The Commission does not plan to publish the information for statistical use.




17. Non-Display of OMB Expiration Date


A waiver of the OMB expiration date is necessary.


18. Exceptions to “Certification for Paperwork Reduction Submissions”


There are no exceptions to the certification statement.


B. Collections of Information Employing Statistical Methods


This collection of information does not anticipate the use of statistical methods.


1 We note that the Commission’s 2020 Supporting Statement for this collection inadvertently neglected to include the in-house costs ($16,840) in the total annual respondent cost burden. Therefore, the total annual cost burden reported in 2020 should have been $109,825, not $92,985. Consequently, the increase in respondent burden is more accurately reflected as $11,015.

2 See Public Notice, DA 08-2173 for additional information.

3 On March 7, 2006, the Commission received blanket approval of all six applications listed below with the following terms of clearance: “OMB approves this information collection, however, as application[s] . . . contained within the supporting statement are developed, a [change] . . . worksheet should be submitted to OMB. The change worksheet [should] . . . include the information elements that are to be collected, as well as a copy of the proposed form. This should be submitted before the application goes ‘live,’ and OMB reserves the right to make modifications to the forms and information collected as [necessary]. Office of Information and Regulatory Affairs, Office of Management and Budget, Notice of Office of Management and Budget Action, OMB Control Number 3060-0944 (Mar. 7, 2006), available at https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3060-0944#.

4

5 47 CFR § 0.459.

6 47 CFR § 0.457(c)(1)(i).

7 Our previous supporting statement in 2020 indicated that the Commission expected 38 submarine cable applications, on average, each year. The data for 2019-2021 indicate that the annual average number of applications has increased by 20, from 38 to 58.

8 For all applications, records must be maintained by respondents and the time for maintaining these records are included in the estimated time per response.

9 All of the information collection requirements contained in this chart including waivers have true burden impacts.

10 The Commission estimates that no more than one application annually will require the applicant to respond to the information request in section 1.767(a)(8)(iv). The application may be for an initial cable landing license or for consent to assign or transfer an interest in a cable landing license. We have included the one response and the associated 2 hour burden in this chart only once, under 47 CFR 1.767(a)(8)(iv), in order to eliminate double counting the annual hour burden associated with the section 1.767(a)(8)(iv) information requirement that is cross-referenced in section 1.767(a)(11)(i).

11 The burden is accounted for in the requirement under section 1.767(a)(5).

12 The Commission arrived at the annual number of responses of 28 based on the following calculation: 7 respondents x 4 responses (1 response per quarter x 4 quarters).

13 To date, the Commission has not received a stand-alone request to waive the cable landing license rules. Waivers are typically filed as part of another application, such as a new landing license application.

14 The rules and requirements in this collection will not require respondents to maintain any special equipment.

15 See Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 through 1.1109 of the Commission's Rules, MD Docket No. 20-270, Report and Order, 35 FCC Rcd 15089 (2020); Erratum, October 25, 2021, FCC 21-110 (2020 Application Fees Report and Order). The new and revised application fees apply to a broad spectrum of filings processed by the Commission, including applications for SCLs. The application fees are based on the Commission’s costs associated with processing those applications.

16 Currently, a renewal application form is not available in IBFS. Applicants that need to request renewal of a submarine cable license currently must file the request with an SCL-LIC or SCL-MOD application form. Such applicants may pay the renewal fee of $2,440.

17 Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 Through 1.1109 of the Commission’s Rules, MD Docket No. 20-270, Notice of Proposed Rulemaking, 36 FCC Rcd. 1618, paras. 140-145 (2020); 2020 Application Fees Report and Order, 35 FCC Rcd 15089, paras. 139-140.

18 Of the 96 estimated submarine cable applications anticipated each year, 63 are associated with application filing fees. Application fees are not required for the remaining 33 submarine cable applications (i.e., quarterly reports, notifications of license relinquishment, and notifications of the commencement of operations).

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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleOrders TOC by Paragraph.dot
AuthorArthur Lechtman
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File Created2023-08-23

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