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

October 20, 1997.

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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 December 26,

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

Commission, 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 collection(s), contact Judy Boley at 202-418-0214 or

via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Control No.: 3060-0789.

Title: Modified Alternative Plan, CC Docket No. 90-571, Order (1997

Suspension Order).

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit.

Number of Respondents: 36 respondents.

Estimated Time Per Response: 13 hours per response (avg.).

Frequency of Response: On occasion; one-time requirement.

Total Annual Burden: 468 total annual burden hours for all

collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: Title IV of the Americans with Disabilities Act of

1990 (``ADA'') requires each common carrier providing voice

transmission services to provide Telecommunications Relay Services

(``TRS'') throughout the area it

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serves to individuals with hearing and speech disabilities by 1993. The

TRS enables customers with hearing or speech disabilities to use the

telephone network in ways that are ``functionally equivalent'' to those

used by customers using traditional telephone service. Under the

Commission's rules, the TRS must be able to handle all calls normally

provided by common carriers, unless those carriers demonstrate the

infeasibility of doing so. The Commission has interpreted ``all calls''

to include coin sent-paid calls, which are calls made by depositing

coins in a standard coin-operated public payphone. The Bureau has

suspended enforcement of the requirement that carriers provide coin

sent' paid calls through the TRS centers since 1993 based on common

carriers' representations that it has been technically infeasible to

provide the coin sent-paid service through the TRS centers (``coin

sent-paid rule''). Since 1995, carriers have made payphones accessible

to TRS users through an Alternative Plan (``Alternative Plan''). The

Alternative Plan enables TRS users to make local relay calls for free

and to make toll calls from payphones using calling or prepaid cards at

or below the coin call rates. The Alternative Plan also requires

carriers to educate TRS users about the alterative payment methods for

the TRS users to make relay calls from payphones. In Telecommuni-

cations Relay Services, and the Americans with Disabilities Act of

1990, Order, (released 8/21/97), (1997 Suspension Order), the Common

Carrier Bureau (``Bureau'') suspended the enforcement of the

requirement that the TRS be capable of handling coin sent-paid calls

for one year until August 26, 1998 because the only technological

solution that can provide the coin sent-paid calls through the TRS

centers, coin signalling interface (``CSI''), has serious deficiencies

and no new technological solution appears imminent. In the 1997

Suspension Order, the Bureau recommends that during the one year

suspension, the Commission conduct a rulemaking on coin sent-paid

issues to gather information sufficient to ensure that the Commission's

final decision on whether the TRS must be capable of handling coin

sent-paid calls is based on a complete and fresh record. In addition,

the Bureau directed the industry to continue to make payphones

accessible to TRS users under the terms of the Alternative Plan, as set

forth in Telecommunications Relay Services, and the ADA, Memorandum

Opinion and Order, 10 FCC Rcd 10927 (1995) (``1995 Suspension Order''),

and as modified by the 1997 Suspension Order. The 1997 Suspension Order

modifies the Alternative by requiring industry to: (1) Send a consumer

education letter to TRS centers (no. of respondents: 1; hour burden per

respondent: 4 hours; total annual burden: 4); (2) inform organizations

representing the hearing and speech disability community before

attending their regional and national meetings who will be present at

the meeting, where the industry booth will be located, and at what

times the booth will be in operation (no. of respondents: 1; hour

burden per respondent: 15 mins.; total annual burden: 1.5 hours); (3)

publish an article in Consumer Action Network (``Can's'') respective

organizations' magazines or newsletters (no. of respondents: 1; hour

burden per respondent: 8 hours; total annual hour burden: 8 hours); (4)

send a letter directly to all CAN's members (no of respondents: 1; hour

burden per respondent: 4 hours; total annual burden: 4 hours); (5)

create laminated cards with visual characters that will provide a

pictorial explanation to accompany the text describing access to TRS

centers from payphones to be distributed to TRS users (no. of

respondents: 30; hour burden per respondent: 15 hours; total annual

hour burden: 450 hours); and (6) work jointly with affected communities

to draft and submit a report within two months of the publication of a

summary of the 1997 Suspension order in the Federal Register (no. of

respondents: 1; hour burden per respondent: 7 hours; total annual hour

burden: 7 hours). The Commission has imposed these third party

disclosure requirements to educate TRS users abut their ability to make

relay calls from payphones, the payment methods available and the rates

for the payphone calls. The report will help the Commission assess the

effectiveness of the current consumer education programs and determine

whether further requirements to educate TRS users about their ability

to make relay calls from payphones are warranted.

OMB Control No.: 3060-0330.

Title: Part 62--Applications to Hold Interlocking Directorates.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit.

Number of Respondents: 10.

Estimated Time Per Response: 2 hours per response (avg.).

Frequency of Response: On occasion.

Total Annual Burden: 20 total annual burden hours for all

collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: The collection of information is authorized by 47

U.S.C. Section 212. Congress mandated information collection under 47

U.S.C. Section 212 to be conducted by the Federal Communications

Commission to monitor the effect of interlocking directorates on the

telecommunications industry and to ensure they will not have any

anticompetitive impact. Information is used to ensure that the effect

of interlocking directorates will not have an anticompetitive impact in

the telecommunications industry.

OMB Control No.: 3060-0439.

Title: Regulations Concerning Indecent Communications by Telephone.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit.

Number of Respondents: 10,200.

Estimated Time Per Response: .13 hours per response (avg.) (about 8

minutes).

Frequency of Response: On occasion.

Total Annual Burden: 1,632 total annual burden hours for all

collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: Section 223 of the Communications Act of 1934, as

amended, 47 USC Section 223 imposes fines and penalties on those who

knowingly use the telephone to make obscene or indecent communications

for commercial purposes. The fines and penalties are applicable to

those who use the telephone, or permit their telephone to be used, for

obscene communications to any person and to those who use the telephone

for indecent communications to persons under 18 years of age or to

adults without their consent. Section 223 requires telephone companies,

to the extent technically feasible, to prohibit access to indecent

communications from the telephone of a subscriber who has not

previously requested access. The rules and regulations establish

defenses to prosecution where the defendant restricts access to the

prohibited indecent communications to persons 18 years of age or older

by complying with the Commission's procedures. Section 64.201 contains

several information collection requirements: (1) a requirement that

certain common carriers block access to indecent messages unless the

subscriber seeks access from the common carrier (telephone company) in

writing; (2) a requirement that adult message service

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providers notify their carriers to the nature of their programming; and

(3) a requirement that a provider of adult message services request

that their carriers identify it as such in bills to its subscribers.

The information requirements are imposed on carriers, adult message

service providers and those who solicit their services to ensure that

minors are denied access to material deemed indecent.

OMB Control No.: 3060-0355.

Title: Rate of Return Reports, FCC Forms 492 and 492A.

Form No.: FCC Forms 492 and 492A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit.

Number of Respondents: 88.

Estimated Time Per Response: 8 hours per response (avg.).

Frequency of Response: Annual.

Total Annual Burden: 704 total annual burden hours for all

collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: Filing of FCC Form 492 and FCC Form 492A is

required by Sections 1.795 and 65.600 of the FCC Rules and Section 219

of the Communications Act of 1934, as amended. Filing of the FCC Form

492 on an annual basis is required from each local exchange carriers or

group of affiliated carriers which is not subject to Sections 61.41

through 61.49 of the Commission's Rules and which has filed individual

access tariffs during the enforcement period. Each local exchange

carrier or group of affiliated carriers subject to the previously

stated sections shall file the FCC Form 492A report with the Commission

for the calendar year. The forms are necessary to enable the Commission

to monitor the access tariffs and to enforce maximum rate of return

prescriptions and price cap earnings levels. A copy of each report must

be retained in the principal office of the respondent and shall be

filed in such manner as to be readily available for reference and

inspection.

OMB Control No.: 3060-0422.

Title: Section 68.5, Waivers (Application for Waiver of Hearing Aid

Compatibility Requirement).

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit.

Number of Respondents: 10.

Estimated Time Per Response: 3 hours per response (avg.).

Frequency of Response: On occasion.

Total Annual Burden: 30 total annual burden hours for all

collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: Section 710(b) of the Communications Act of 1934,

as amended, requires that almost all telephones manufactured in or

imported into this country after August 16, 1989 be hearing aid

compatible. Refurbished, repaired or resold telephones, telephones used

with public and private mobile radio services, and secure telephones

used for classified communications are exempt. The HAC Act provides a

three year grace period for cordless telephones before they must comply

with the requirement. Congress recognized, however, that there may be

technological and/or economical reasons some new telephones may not

meet the hearing aid compatibility requirement. Therefore, it provided

for a waiver requirement for new telephone base on technological and

economical grounds. Section 68.5 of the Commission's rules provides the

criteria to be used to assess waivers. Applicants seeking waivers must

submit sufficient information for the Commission to make an informed

decision.

OMB Control No.: 3060-0173.

Title: Section 73.1207, Rebroadcasts.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit.

Number of Respondents: 1,012.

Estimated Time Per Response: 0.5 hours.

Frequency of Response: Recordkeeping requirement.

Total Annual Burden: 506 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: Section 73.1207 requires that licensees of

broadcast stations obtain written permission from an originating

station prior to retransmitting any program or any part thereof. A copy

of the written consent must be kept in the station's files and made

available to the FCC upon request. This written consent assures the

Commission that prior authorization for retransmission of a program was

obtained.

OMB Control No.: 3060-0493.

Title: Section 74.986, Involuntary ITFS Station Modifications.

Form No.: FCC Form 330.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit; state, local or tribal

government.

Number of Respondents: 25.

Estimated Time Per Response: 5 hours (These hours include the

contracting hour cost to the respondents and the respondents hour

burden).

Frequency of Response: On occasion.

Total Annual Burden: 25 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $14,375.

Needs and Uses: Section 74.986 requires that an application for

involuntary modification of an ITFS station to be filed on FCC Form 330

(OMB Control No. 3060-0062) but need not fill out Section II (Legal

Qualifications). The application must include a cover letter clearly

indicating that the modification is involuntary and identifying the

parties involved. The data is used by FCC staff to insure that

proposals to modify facilities of ITFS licensees/permittees would

provide comparable ITFS service and would otherwise serve the public

interest in promoting the MMDS service.

OMB Control No.: 3060-0494.

Title: Section 74.990, Use of available instructional television

fixed service frequencies by wireless cable entities.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit; state, local or tribal

government.

Number of Respondents: 100.

Estimated Time Per Response: 0.33 hours-2 hours (These hours

include the contracting hour cost to the respondents and the

respondents hour burden.)

Frequency of Response: On occasion.

Total Annual Burden: 42 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $9,375.

Needs and Uses: Section 74.990(c) requires applicants to confirm

their unopposed status after the period for filing competing

applications and petitions to deny has passed. This confirmation is

accomplished through the filing of a letter with the Commission.

Section 74.990(d) requires a wireless cable applicant to show that

there are no multipoint distribution service or multichannel multipoint

distribution service channels available for application, purchase or

lease that could be used in lieu of the instructional television fixed

service frequencies applied for. The data provided in the showing will

be used by FCC staff to insure that proposals to operate a wireless

cable system on ITFS channels do not impair or restrict any reasonably

foreseeable ITFS use.

OMB Control No.: 3060-0492.

Title: Section 74.992, Access to channels licensed to wireless

cable entities.

Form No.: FCC Form 330.

Type of Review: Extension of a currently approved collection.

Respondents: Businesses or other for profit; state, local or tribal

government.

[[Page 55641]]

Number of Respondents: 10.

Estimated Time Per Response: 3.5 hours (These hours include the

contracting hour costs to the respondents and the respondents hour

burden).

Frequency of Response: On occasion.

Total Annual Burden: 15 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $4,000.

Needs and Uses: Section 74.992 requires that requests by ITFS

entities for access to wireless cable facilities licensed on ITFS

frequencies be made by filing FCC Form 330 (OMB Control No. 3060-0062),

Section I (Identity of Applicant, Requested Facilities), Section II

(Legal Qualifications of Applicant), Section III (Financial

Qualifications of Applicant) and Section IV (ITFS Service Proposal).

The application must include a cover letter clearly indicating that the

application is for ITFS access to a wireless cable entity's facilities

on ITFS channels. Section 74.992(d) requires an ITFS user to provide a

wireless cable licensee with its planned schedule of use four months in

advance of accessing the channels. This notice is completed before the

filing of the application and the burden is included with the

application. The data is used by FCC staff to determine eligibility of

an educational institution or entity demanding access for ITFS use on a

wireless cable facility. The four month advance notice is used by the

wireless cable licensee to allow it to move programming to other

channels.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97-28362 Filed 10-24-97; 8:45 am]

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