Public Information Collections Approved by Office of Management and Budget

FEDERAL COMMUNICATIONS COMMISSION

Public Information Collections Approved by Office of Management

and Budget

September 5, 1997.

The Federal Communications Commission (FCC) has received Office of

Management and Budget (OMB) approval for the following public

information collections pursuant to the Paperwork Reduction Act of

1995, Public Law 104-13. An agency may not conduct or sponsor and a

person is not required to respond to a collection of information unless

it displays a currently valid control number. For further information

contact Shoko B. Hair, Federal Communications Commission, (202) 418-

1379.

Federal Communications Commission

OMB Control No.: 3060-0704.

Expiration Date: 02/28/98.

Title: Policy and Rules Concerning the Interstate, Interexchange

Marketplace, Implementation of Section 254(g) of the Communications Act

of 1934, as amended, CC Docket No. 96-61.

Form No.: N/A.

Respondents: Business or other for profit.

Estimated Annual Burden: 519 respondents; 146 hours per response

(avg.); 75,895 total annual burden hours for all collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $435,000.

Frequency of Response: On occasion, annual, one-time requirement.

Description: In the Order on Reconsideration issued in CC Docket

[[Page 47809]]

96-61 (released 8/20/97), the Commission amended the collections

adopted in the Second Report and Order in this proceeding.

a. Tariff cancellation requirement: In the Order on

Reconsideration, the Commission concludes that, with two exceptions,

the statutory forbearance criteria in Section 10 of the Communications

Act, as amended, are met for the Commission no longer to require or

allow nondominant interexchange carriers to file tariffs pursuant to

Section 203 for their interstate, domestic, interexchange services. The

Commission further concludes that nondominant interexchange carriers

are allowed to file tariffs for (1) their interstate, domestic,

interexchange direct-dial services to which end-users obtain access by

dialing a carrier's carrier access code (dial-around 1+ services) and

(2) interstate, domestic, interexchange services provided by a

nondominant interexchange carrier for the lesser period of the initial

45 days of service or until there is a written contract between the

carrier and the customer, in those limited circumstances in which a

prospective customer contacts the LEC to select an interexchange

carrier or to initiate a change in his or her primary carrier. See 47

CFR Sec. 61.20.

In order to implement the Commission's detariffing policy, the

Second Report and Order requires nondominant interexchange carriers to

cancel their tariffs for interstate, domestic, interexchange services

on file with the Commission within nine months of the effective date of

that Order. That requirement, however, was not implemented by the

carriers in light of the stay of the Second Report and Order, pending

judicial review, entered by the United States Court of Appeals for the

District of Columbia Circuit on February 13, 1997. The Order on

Reconsideration provides that the Common Carrier Bureau will determine

the appropriate transition period when the detariffing rules become

effective. Nondominant interexchange carriers that have on file with

the Commission tariff offerings that contain services subject to

different tariffing requirements (e.g., tariff offerings that include

dial-around 1+ services and service to new customers that contact the

LEC to select an interexchange carrier or to initiate a change in their

primary interexchange carrier, for which carriers are permitted to file

tariffs, and tariff offerings that combine international services,

which still must be tariffed, with interstate, domestic, interexchange

services, which are detariffed), may comply with the Order on

Reconsideration either by: (1) Cancelling the entire tariff and

refiling a new tariff for only those services for which tariffs are

required or permitted (519 respondents x 2 hours per page = 2504

annual burden hours); or (2) issuing revised pages cancelling the

material in the tariffs that pertain to those services subject to

forbearance (519 respondents x 2 hours per page = 72,094 burden

hours).

b. Information disclosure requirement: The attached Order on

Reconsideration eliminates the requirement that nondominant

interexchange carriers make information on current rates, terms, and

conditions for all of their interstate, domestic, interexchange

services available to any member of the public in an easy to understand

format and in a timely manner, for purposes of enforcing Section 254(g)

of the Communications Act, as amended.

c. Recordkeeping requirement: In the Order on Reconsideration, the

Commission affirms its conclusion in the Second Report and Order to

require nondominant interexchange carriers to maintain at their

premises price and service information regarding all of their

interstate, domestic,interexchange service offerings that they can

submit to the Commission upon request. The Commission clarifies in the

Order on Reconsideration that nondominant interexchange carriers should

retain the documents supporting the rates, terms, and conditions of the

carriers' interstate, domestic, interexchange offerings. Nondominant

interexchange carriers are required to retain the foregoing records for

a period of at least two years and six months following the date the

carrier ceases to provide services on such rates, terms and conditions,

in order to afford the Commission sufficient time to notify a carrier

of the filing of a complaint, which generally must be filed within two

years from the time the cause of action accrues (in the event a

complaint is filed against a carrier, the carrier will be required to

retain documents relating to the complaint until the complaint is

resolved). See 47 CFR Sec. 42.11. Nondominant interexchange carriers

are required to maintain the foregoing records in a manner that allows

them to produce such records within ten business days of receipt of a

Commission request, and to file with the Commission, and update as

necessary, the name, address, and telephone number of the individual,

or individuals, designated by the carrier to respond to Commission

inquiries and requests for documents. The availability of such records

will enable the Commission to meet its statutory duty of ensuring that

such carriers' rates, terms, and conditions for service are just,

reasonable, and not unreasonably discriminatory, and that these

carriers comply with the geographic rate averaging and rate integration

requirements of the 1996 Act. In addition, maintenance of such records

will enable the Commission to investigate and resolve complaints. (519

respondents x 2 hours per response = 1038 annual burden hours).

d. Certification Requirement: In the Second Report and Order, the

Commission adopted its proposal to require nondominant interexchange

carriers to file certifications with the Commission stating that they

are in compliance with their statutory geographic rate averaging

obligations under Section 254(g) of the Communications Act, as amended.

These providers must also file certifications with the Commission

stating that they are in compliance with their statutory rate

integration obligations under Section 254(g). See 47 CFR 64.1900. This

requirement is reaffirmed in the Order on Reconsideration. (519

respondents x .05 hours per response = 259.5 annual burden hours).

The information collected under the tariff cancellation requirement

must be disclosed to the Commission, and will be used to implement the

Commission's detariffing policy. The information collected under the

recordkeeping and other requirements will be used by the Commission to

ensure that affected interexchange carriers fulfill their obligations

under the Communications Act, as amended. Your response is mandatory.

OMB Control No.: 3060-0536.

Expiration Date: 09/30/2000.

Title: Rules and Requirements for Telecommunications Relay Services

(TRS) Interstate Cost Recovery.

Form No.: FCC Form 431.

Respondents: Business or other for profit.

Estimated Annual Burden: 5000 respondents; 3.1 hours per response

(avg.); 15,593 total annual burden hours for all collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Frequency of Response: On occasion; annual.

Description: Title IV of the Americans with Disabilities Act of

1990 (ADA) requires the Commission to ensure that telecommunications

relay services are available, to the extent possible, to individuals

with hearing and speech disabilities in the United States. To fulfill

this mandate, the Commission

[[Page 47810]]

adopted rules that require the provision of TRS service beginning July

26, 1993. The Commission set minimum standards for TRS providers and

established a shared-funding mechanism (TRS Fund) for recovering the

costs of providing interstate TRS. The Commission also appointed the

National Exchange Carrier Association (NECA) the TRS Fund

administrator, and directed NECA to establish a non-paid, voluntary

advisory committee to monitor cost recovery matters.

a. FCC Form 431: The Commission's rules require all carriers

providing interstate telecommunications services to contribute to the

TRS Fund. The amount contributed is the product of the carrier's gross

interstate revenues for the previous year and a contribution factor

determined annually by the Commission. Contributions are calculated in

accordance with a TRS Fund Worksheet which is prepared each year by the

Commission and published in the Federal Register. Payments from the

fund are made to eligible TRS providers and are designed to cover the

reasonable costs incurred in providing interstate TRS service. The TRS

Fund administrator files a proposed payment formula and estimated fund

requirements with the Commission each year, and this payment formula is

subject to Commission approval. See 47 CFR 64.601-64.608 for rules and

requirements governing telecommunications relay services. Pursuant to

Sec. 64.604(c)(4)(iii)(A), every carrier providing interstate

telecommunications services must contribute to the TRS Fund on the

basis of its relative share of gross interstate revenues. Section

64.604(c)(4)(iii)(A) contains a partial listing of the types of

interstate services for which contributions must be made. Carriers who

provide interstate services, including but not limited to, cellular

telephone and paging, mobile radio, operator services, personal

communications service (PCS), access (including subscriber line

charges), alternative access and special access, packet-switched, WATS,

800, 900, message telephone service, interstate private line, telex,

telegraph, video, satellite, intraLATA international and resale

services must contribute to the TRS Fund. Contributions to the TRS Fund

will be based on each interstate service provider's relative share of

gross interstate revenues for the prior calendar year and a

contribution factor determined by the Commission. Contributors must use

the TRS Fund Worksheet, FCC Form 431, to calculate their contributions

to the TRS Fund. The worksheet must be filed with the FCC TRS Fund

Administrator. See Sec. 64.604(c)(4)(iii)(B) and FCC Form 431, TRS Fund

Worksheet. (5000 respondents x 2 hours per response = 10,000 annual

burden hours).

b. True and Accurate Data: TRS providers must provide the

administrator with true and accurate data to be used to compute

payments. According to Sec. 64.604(c)(4)(iii)(C), the providers must

submit the following: total TRS minutes of use, total interstate TRS

minutes of use, total TRS operating expenses and total TRS investment

in general accordance with 47 CFR Part 32, and other historical or

projected information reasonably requested by the administrator for

purposes of computing payments and revenue requirements. (13

respondents x 3 hours per response = 39 annual burden hours).

c. Reports of Interstate TRS Minutes: TRS providers, including

providers who are not interexchange carriers, local exchange carriers,

or certified state relay providers, must submit reports of interstate

TRS minutes of use to the administrator in order to receive payments.

TRS providers receiving payments shall file a form prescribed by the

administrator. The administrator is directed to fashion a form that is

consistent with Parts 32 and 36. (See 47 CFR

Sec. 64.604(c)(4)(iii)(E)). (13 respondents x 4 hours per response =

52 annual burden hours).

d. Notification to TRS Administrator: Section 64.604(c)(4)(iii)(F)

lists TRS providers who are eligible for receiving payments from the

TRS Fund. These providers must notify the administrator of their intent

to participate in the TRS Fund thirty days prior to submitting reports

of TRS interstate minutes of use in order to receive payment

settlements for interstate TRS. Failure to file may exclude the TRS

provider from eligibility for the year. (See 47 CFR

64.604(c)(4)(iii)(G)). Payments will only be made to eligible TRS

providers operating in compliance with the mandatory minimum standards

set forth in Sec. 64.604. (13 respondents x 10 minutes per response =

2.16 annual burden hours).

e. TRS Administrator Annual Report: The TRS Fund is subject to a

yearly audit performed by an independent certified accounting firm or

by the Commission, or both. Pursuant to Sec. 64.604(c)(4)(iii)(H), the

TRS Fund administrator must report annually to the Commission its

administrative costs associated with the administration of the TRS

Fund, and must file a cost allocation manual. TRS payment formulas and

revenue requirements must be filed with the Commission on October 1 of

each year. The administrator must establish a non-paid, voluntary

advisory committee of persons from the hearing and speech disability

communities, TRS users, interstate service providers, state

representatives, and TRS providers which will meet at reasonable

intervals in order to monitor TRS cost recovery matters. The annual

report to the Commission must include a discussion of advisory

committee deliberations. (1 respondent x 500 hours per response = 500

annual burden hours).

Information submitted in response to the foregoing requirements is

used to administer the TRS Fund. Information is used to calculate the

required carrier contributions to the TRS Fund and to determine the

appropriate payment due to the TRS providers participating in the

shared funding plan. Your response is required to obtain or retain

benefits.

Public reporting burden for the collections of information is as

noted above. Send comments regarding the burden estimate or any other

aspect of the collections of information, including suggestions for

reducing the burden to Performance Evaluation and Records Management,

Washington, D.C. 20554.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97-24123 Filed 9-10-97; 8:45 am]

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