# Public Information Collections Approved by Office of Management and Budget

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-33684

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 29, 1997
- **Citation:** 62 FR 67639

## Text

FEDERAL COMMUNICATIONS COMMISSION

Public Information Collections Approved by Office of Management
and Budget

December 18, 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.: 3060-0745.
Expiration Date: 12/31/2000.
Title: Implementation of the Local Exchange Carrier Tariff
Streamlining Provisions in the Telecommunications Act of 1996--CC
Docket No. 96-187.
Form No.: N/A.
Respondents: Business or other for-profit.
Estimated Annual Burden: 170 respondents; 25 hours per response
(avg.); 4250 total annual burden hours for all collections.
Estimated Annual Reporting and Recordkeeping Cost Burden: $170,000.
Frequency of Response: On occasion.
Description: In the Report and Order issued in CC Docket No. 96-
187, the Commission adopts measures to implement the specific
streamlining tariff filing requirements for local exchange carriers
(LECs) of the Telecommunications Act of 1996 (1996 Act). a. Electronic
filing requirement: The 1996 Act provides that LECs may file tariffs on
seven and fifteen days' notice (47 U.S.C. Sec. 204(a)). The Common
Carrier Bureau has established an Electronic Tariff Filing System
(ETFS) that permits incumbent LECs to submit federal tariffs and
associated documents electronically, via the Internet. At the present,
use of EFTS by incumbent LECs for an official filing is voluntary.
Mandatory use of ETFS by incumbent LECS is scheduled to commence on
February 2, 1998. See Public Notice, DA 97-2491, released 11/25/97.
(No. of respondents: 50; hours per response: 72 hours; total annual
burden: 3600 hours). b. Requirement that carriers desiring tariffs
proposing rate decreases to be effective in seven days must be filed in
separate transmittals: The 1996 Act provides that LEC tariffs seeking
rate increases shall be effective in fifteen days and LEC tariffs
seeking rate decreases shall be effective in seven days. The 15 day
notice period applies to transmittals that contain both rate increases
and decreases. Carriers wishing to take advantage of the seven day
notice period must file rate decreases in separate transmittals. This
result will permit all of the carriers' rate changes will still receive
streamlined treatment. Carriers filing a rate decrease have the
opportunity to file on the shorter seven-day notice period by
transmitting rate decrease in a separate filing. Any other tariff filed
pursuant to section 204(a)(3) of the Communications Act, including
those that propose a rate increase or any change in terms and
conditions of service other than a rate charge, shall be filed on 15
days' notice. (No. of respondents: 10; hours per response: 4 hours;
total annual burden: 40 hours). c. Requirement that carriers identify
transmittals filed pursuant to the streamlined provisions of the 1996
Act: Because of the short notice periods, the Commission adopts the
requirement that carriers identify specifically transmittals filed
pursuant to Section 204(a)(3), including whether the transmittals
contain rate increases, rate decreases or both. The Commission requires
that LECs display prominently in the upper right hand corner of the
tariff transmittal letters a statement indicating that the tariff is
being filed on a streamlined basis under section 204(a)(3) of the Act
and whether the tariff filing contains a proposed rate increase,
decrease or both. This requirement will result in minimal inconvenience
to the LECs while allowing the Commission and public to identify
quickly whether the tariff is eligible for streamlined treatment and
the notice period to be applied to the filing. Without such a
statement, we will treat transmittal as filed outside of section
204(a)(3), i.e., not on a streamlined basis. (No. of respondents: 50;
hours per response: 9 hours; total annual burden: 350 hours). d.
Requirement that price cap LECs file their Tariff Review Plans (TRPs)
prior to filing their annual access tariffs: Under existing Commission
rules, LECs are required to submit revisions to their annual access
tariffs on 90 days' notice to be effective on July 1. Because these
revisions are eligible for streamlined treatment, we will require
carriers subject to price cap regulation to file a TRP prior to the
filing of the annual access tariff revisions absent any information on
the carriers' rates proposed rates, and to make it available to the
public. Early filing of the TRPs

[[Page 67640]]

will facilitate review of the annual access filings within the
streamlined notice periods by resolving most of the major issues
currently raised with the annual access proceedings. (This requirement
does not impose any additional burden on the respondents since
respondents are already required to file TRPs). e. Petitions and
Replies: Petitions against LEC tariff transmittals that are effective 7
days from filing must be filed within 3 calendar days from the date of
tariff filing, and replies must be filed within 2 calendar days of
service of petition. Petitions against LEC tariff transmittals that are
effective 15 days from filing will be filed as currently specified in
sections 1.773(a)(2)(ii) and 1.773(b)(1)(ii). These rules require
petitions to be filed within 4 days of service of the petition. All
tariffs and associated documents filed on 15 days' notice or less must
include, among other things, the facsimile number of the individual
designated by the filing carrier to receive personal or facsimile
service of petitions and that petitions and replies in connection with
such tariff filings be served by hand or facsimile. (No. of
respondents: 20; hours per response: 6 hours; total annual burden: 120
hours). f. Standard Protective Orders: In the Report and Order, the
Commission issued a standard protective order for use in review of LEC
tariff filings submitted pursuant to section 204(a)(3). Reviewing
parties must keep a written record of all copies made and to provide
this record to the Submitting Party on reasonable request. (No. of
respondents: 20; hours per response: 2 hours; total annual burden: 40
hours). The information collected under the program of electronic
filing will facilitate access to tariff and associated documents by the
public, especially by interested persons who do not have ready access
to the Commission's public reference rooms, and state and federal
regulators. Ready electronic access to carrier tariffs should also
facilitate the compilation of aggregate data for industry analysis
purposes without imposing new reporting requirements on carriers. The
Commission adopts its proposal to require that carriers desiring
tariffs proposing rate decreases to be effective in seven days must be
filed in separate transmittal. This requirement will ensure that a
tariff filing proposing a rate decrease is given the shortest notice
period possible under the 1996 Act. The Commission also adopts the
requirement that carriers identify transmittals filed pursuant to the
streamlining provisions of the 1996 Act. All of the requirements would
be used to ensure that local exchange carriers comply with their
obligations under the Communications Act and that the Commission be
able to ensure compliance within the streamlined timeframes established
by the 1996 Act. Obligation to respond: Mandatory.
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.
Magalie Roman Salas,
Secretary.
[FR Doc. 97-33684 Filed 12-24-97; 8:45 am]
BILLING CODE 6712-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-33684. Public record. Not legal advice.
