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

August 4, 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, Pub. L. 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 October 7,

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., NW., 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-XXXX.

Title: Public Notice--Procedures for Petitions for Preemption under

Section 253 of the Communications Act.

Form No.: N/A.

Type of Review: New collection.

Respondents: Individuals or households; business or other for-

profit entities; state, local or tribal government.

Number of Respondents: 60.

Estimated Hour Per Response: 125 hours per response (average).

Frequency of Response: On occasion reporting requirement.

Estimated Total Annual Burden: 7,500 hours.

Needs and Uses: Section 253 of the Communications Act of 1934, as

amended, added by the Telecommuncations Act of 1996, requires the

Commission, with certain important exceptions, to preempt the

enforcement of any State or local statute or regulation, or other State

or local legal requirement (to the extent necessary) that prohibits or

has the effect of prohibiting the ability of any entity to provide any

interstate or intrastate telecommunications service. The Commission's

consideration of preemption begins with the filing of a petition by an

aggrieved party. The petition is placed on public notice and commented

on by others. The Commission's decision is based on the public record,

generally composed of the petition and comments. The Public Notice the

Commission proposed to release establishes guidelines relating to its

consideration of preemption petitions. Consideration of a petition

requesting Commission action pursuant to Section 253 necessarily will

involve state or local statutes, regulations, ordinances, or other

legal requirements that will likely be initially unfamiliar to the

Commission. In order to render a timely and informed decision, the

Commission expects petitioners and commenters to provide it with

relevant information sufficient to describe the legal regime involved

in the controversy and to establish the factual basis necessary for

decision. The Commission will use the information to discharge its

statutory mandate relating to the preemption of State or local statutes

or regulations, or other State or local legal requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97-21036 Filed 8-7-97; 8:45 am]

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