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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-28362

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 27, 1997
- **Citation:** 62 FR 55638

## Text

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

[[Page 55639]]

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

[[Page 55640]]

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]
BILLING CODE 6712-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-28362. Public record. Not legal advice.