Notice of Public Information Collection(s) being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collection(s) being Reviewed by the

Federal Communications Commission

June 19, 1997.

SUMMARY: The Federal Communications Commission, as part of its

continuing effort to reduce paperwork burden invites the general public

and other Federal agencies to take this opportunity to comment on the

following information collection(s), as required by the Paperwork

Reduction Act of 1995, Public Law 104-13. An agency may not conduct or

sponsor a collection of information unless it displays a currently

valid control number. No person shall be subject to any penalty for

failing to comply with a collection of information subject to the

Paperwork Reduction Act (PRA) that does not display a valid control

number. Comments are requested concerning (a) whether the proposed

collection of information is necessary for the proper performance of

the functions of the Commission, including whether the information

shall have practical utility; (b) the accuracy of the Commission's

burden estimate; (c) ways to enhance the quality, utility, and clarity

of the information collected; and (d) ways to minimize the burden of

the collection of information on the respondents, including the use of

automated collection techniques or other forms of information

technology.

DATES: Written comments should be submitted on or before August 25,

1997. If you anticipate that you will be submitting comments, but find

it difficult to do so within the period of time allowed by this notice,

you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all comments to Judy Boley, Federal Communications

Commissions, Room 234, 1919 M St., N.W., Washington, DC 20554 or via

internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies

of the information collections contact Judy Boley at 202-418-0214 or

via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval No.: 3060-0XXX.

Title: Accounting for Judgements and Other Costs Associated with

Litigation, CC Docket No. 93-240.

Form No: N/A.

Type of Review: New collection.

Respondents: Business or other for-profit entities.

Number of Respondents: 1.

Estimated Hour Per Response: 36 hours.

Frequency of Response: On occasion reporting requirement.

Estimated Total Annual Burden: 36 hours.

Needs and Uses: In CC Docket No. 93-240, the Commission considers

the issue of the accounting rules and ratemaking policies that should

apply to litigation costs incurred by carriers subject to Part 32 of

its rules and regulations. The Commission concludes that there should

be special rules to govern the accounting treatment of federal

antitrust judgements and settlements, in excess of the avoided costs of

litigation, but not for litigation expenses. The Commission further

concludes that these special rules should not apply to costs arising in

other kinds of litigation. To receive recognition of its avoided costs

of litigation, a carrier must demonstrate, in a request for special

relief, the avoided costs of litigation by showing the amount

corresponding to the additional litigation expenses discounted to

present value, that the carrier reasonably estimates it would have paid

if it had not settled. A carrier requesting recovery of the avoided

costs of litigation must accompany its request with clear and

convincing evidence that, without the settlement, it would have

incurred the expenses it estimates.

OMB Control No.: 3060-0760.

Title: Access Charge Reform, CC Docket No. 96-272 (First Report and

Order).

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Estimated Annual Burden: 13 respondents; 138,714 hours per response

(avg.); 1,803,282 total annual burden hours for all collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $31,200.

Frequency of Response: On occasion reporting requirement.

Needs and Uses: In the Access Charge Reform First Report and Order,

the Commission adopts, that, consistent with principles of cost-

causation and economic efficiency, non-traffic sensitive (NTS) costs

associated with local switching should be recovered on an NTS basis,

through flat-rated, per month charges. The information collections

resulting from this Report and Order are as follows. The information

collected would be submitted to the FCC by incumbent LECs for use in

determining whether the incumbent LECs should receive the regulatory

relief proposed in the Order. Compliance is mandatory.

a. Showings under the Market-Based Approach. As competition

develops in the market, the FCC will gradually relax and ultimately

remove existing Part 69 federal access rate structure requirements and

Part 61 price cap restrictions on rate level changes. Regulatory reform

will take place in two phases. The first phase of regulatory reform

will take place when an incumbent LEC network has been opened to

competition for interstate access services. Detariffing will take place

when substantial competition has developed for the access charge

elements. We proposed that in order for LECs to meet this standard,

they have to demonstrate that: (1) Unbundled network element prices are

based on geographically deaveraged, forward-looking economic costs in a

manner that reflects the way costs are incurred; (2) transport and

termination charges are based on the additional cost of

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transporting and terminating another carrier's traffic; (3) wholesale

prices for retail services are based on reasonably avoidable costs; (4)

network elements and services are capable of being provisioned rapidly

and consistent with a significant level of demand; (5) dialing parity

is provided by the incumbent LEC to competitors; (6) number portability

is provided by the incumbent LEC to competitors; (7) access to

incumbent LEC rights-of-way is provided to competitors; and (8) open

and non-discriminatory network standards and protocols are put into

effect. The second phase of rate structure reforms will take place when

an actual competitive presence has developed in the marketplace. We

propose that the second phase of rate structure reforms would take

place when an actual competitive presence has developed in the

marketplace. LECs would have to show the following to indicate that

actual competition has developed in the marketplace by: (1)

Demonstrated presence of competition; (2) full implementation of

competitively neutral universal service support mechanisms; and (3)

credible and timely enforcement of pro-competitive rules. (Number of

respondents: 13; annual hour burden per respondent: 137,986; total

annual burden 1,793,818).

b. Cost Study of Local Switching Costs: The FCC does not establish

a fixed percentage of local switching costs that incumbent LECs must

reassign to the Common Line basket or newly created Trunk Cards and

Ports service category as NTS costs. In light of the widely varying

estimates in the record, we conclude that the portion of costs that is

NTS costs likely varies among LEC switches. Accordingly, we require

each price cap LEC to conduct a cost study to determine the

geographically-averaged portion of local switching costs that is

attributable to the line-side ports, as defined above, and to dedicated

trunk side cards and ports. These amounts, including cost support,

should be reflected in the access charge elements filed in the LEC's

access tariff effective January 1, 1998. (Number of respondents: 13;

annual hour burden per respondent: 400 hours; total annual hours:

5200).

c. Cost Study of Interstate Access Service that Remain Subject to

Price Cap Regulation: The 1996 Act has created an unprecedented

opportunity for competition to develop in local telephone markets. We

recognize, however, that competition is unlikely to develop at the same

rate in different locations, and that some services will be subject to

increasing competition more rapidly than others. We also recognize,

however, that there will be areas and services for which competition

may not develop. We will adopt a prescriptive ``backstop'' to our

market-based approach that will serve to ensure that all interstate

access customers receive the benefits of more efficient prices, even in

those places and for those services where competition does not develop

quickly. To implement our backstop to market-based access charge

reform, we require each incumbent price cap LEC to file a cost study no

later than February 8, 2001, demonstrating the cost of providing those

interstate access services that remain subject to price cap regulation

because they do not face substantial competition. (Number of

respondents: 13; annual hour burden per respondent: 8 hours; total

annual burden: 104 hours).

c. Tariff Filings. The Commission also adopts several information

collections relating to tariff filings. Specifically, the Commission

adopts its proposals to require the filing of various tariffs, with

modifications. For example, the FCC directs incumbent LECs to establish

separate rate elements for the multiplexing equipment on each side of

the tandem switch. LECs must establish a flat-rated charge for the

multiplexers on the SWC side of the tandem, imposed pro-rate on the

purchasers of the dedicated trunks on the SWC side of the tandem.

Multiplexing equipment on the EO side of the tandem shall be charged to

users of common EO-to-tandem transport on a per-minute of use basis.

These multiplexer rate elements must be included in the LEC access

tariff filings to be effective January 1, 1998. (Number of respondents:

13; annual hour burden per respondent: 320 hours; total annual burden:

4160 hours).

OMB Approval No.: 3060-0625.

Title: Section 24.237, Amendment of the Commission's Rules to

Establish New Personal Communications Services (Interference

Protection).

Form No.: N/A.

Type of Review: Revision of a currently approved collection.

Respondents: Individuals or households; business or other for-

profit entities; not-for-profit institutions; state, local or tribal

governments.

Number of Respondents: 100.

Estimated Hour Per Response: 2 hours.

Frequency of Response: On occasion reporting requirement.

Estimated Total Annual Burden: 200 hours.

Needs and Uses: Broadband PCS licensees were required to file

materials demonstrating their compliance with Sections 24.203, 24.204

and Section 24.237(b) of the Commission's rules. Collection of

information for Section 24.203 received OMB approval under OMB control

number 3060-0621. Section 24.204 has been removed from the Commission's

rules. Section 24.237(b) requires licensees who unable to solve their

interference problems to report their coordination process to the

Commission. The Commission will use this information to resolve

interference problems.

OMB Approval No.: 3060-0626.

Title: Regulatory Treatment of Mobile Services.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit entities; not-for-profit

institutions.

Number of Respondents: 10-100.

Number of Recordkeepers: 500.

Estimated Hour Per Response: .5-10.9 hours.

Frequency of Response: Recordkeeping and on occasion reporting

requirements.

Estimated Total Annual Burden: 6,923 hours.

Needs and Uses: This information collection provides the Commission

with technical, operational and licensing data for common carriers and

private mobile radio services. This information is necessary to

establish regulatory symmetry among similar mobile services. Without

this information, the Commission could not fill its statutory

obligations.

OMB Approval No.: 3060-XXXX.

Title: Section 68.110(c), Availability of Inside Wiring

Information.

Form No.: N/A.

Type of Review: New collection.

Respondents: Business or other for-profit entities.

Number of Respondents: 200.

Estimated Hour Per Response: 1 hour per response; 6 hours per

respondent annually.

Frequency of Response: On occasion reporting requirement.

Estimated Total Annual Burden: 1,200 hours.

Needs and Uses: In CC Docket No. 88-57, the Commission amended

rules defining the demarcation point to: (1) Clarify the location,

within 12 inches at the point at which it enters the customer's

premises; (2) indicate only major additions or rearrangements of

existing wire are to be treated as new installations; (3) allow owners

of multiunit buildings to restrict their customer access to only that

wiring with a tenant's individual unit; and (4) require telephone

companies to provide

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building owners with all available information regarding carrier-

installed wiring on the customer's side of the demarcation point.

Building owners will be able to contract with an installer of their

choice for maintenance and installation service, or elect to contract

with the telephone company to modify existing wiring or assist with the

installation of additional inside wiring.

OMB Approval No.: 3060-0745.

Title: Implementation of the Local Exchange Carrier Tariff

Streamlining Provisions in the Telecommunications Act of 1996, CC

Docket 96-187.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit entities.

Number of Respondents: 110.

Estimated Hour Per Response: 37.18 hours (avg).

Frequency of Response: On occasion reporting requirement.

Estimated Total Annual Burden: 4,090 hours.

Needs and Uses: In CC Docket No. 96-187, the Commission adopted

measures to implement the specific streamlining tariff filing

requirements for local exchange carriers (LECs) of the

Telecommunications Act of 1996. In order to achieve a streamlined and

deregulatory environment for local exchange carrier tariff filings, the

item will permit local exchange carriers to file tariffs

electronically.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97-16571 Filed 6-24-97; 8:45 am]

BILLING CODE 6712-01-P