Notice of Public Information Collections Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Notice of Public Information Collections Being Reviewed by the

Federal Communications Commission

March 9, 1998.

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 collections, 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

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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, 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 information techniques or other forms of information

technology.

DATES: Written comments should be submitted on or before May 12, 1998.

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 collections contact Judy Boley at 202-418-0214 or

via internet at [email protected].

SUPPLEMENTARY INFORMATION:

OMB Approval No.: 3060-0736.

Title: Implementation of the Non-Accounting Safeguards of Sections

271 and 272 of the Communications Act of 1934, as amended, CC Docket

No. 96-149.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for profit.

Number of Respondents: 5.

Estimated Time Per Response: 60.6 hours per response (avg.).

Frequency of Response: On occasion reporting requirement.

Total Annual Burden: 303 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: Section 272 of the Telecommunications Act of 1996

requires that BOCs make information available to third parties if it

makes that information available to its section 272(a) affiliates. In

an Order released February 6, 1998, the Commission's Common Carrier

Bureau resolved questions regarding the application of sections 10 and

272 of the Communications Act of 1934, as amended, (Act) to the

provision of E911 services by the Bell Operating Companies (BOCs). Bell

Operating Companies, Petitions for Forbearance from the Application of

Section 272 of the Communications Act of 1934, As Amended, to Certain

Activities, CC Docket No. 96-149, DA 98-220, Memorandum Opinion and

Order (Com. Car. Bur. Feb. 6, 1998) (February 6 Order). E911 services

enable emergency service personnel to identify the location of the

party calling 911, and are essential to the safety of many Americans.

In the February 6 Order, the Bureau determined that the BOCs' E911

services are interLATA information services. One consequence of this

determination was that each BOC had an obligation under section

272(a)(2)(C) of the Act to provide E911 services only through a

separate affiliate. In the February 6 Order, the Bureau forbore from

the application of this separate affiliate requirement pursuant to the

forbearance authority in section 10 of the Act, thus permitting the

BOCs to provide E911 services on an integrated basis. The Bureau

determined that requiring the BOCs to provide E911 services only

through separate affiliates would have increased the cost, but not the

quality, of those services. In the February 6 Order, the Bureau

maintained the substance of the statutory nondiscrimination requirement

by requiring each BOC to provide unaffiliated entities with all listing

information, including unlisted and unpublished numbers as well as the

numbers of other local exchange carriers' customers, that the BOC uses

to provide E911 services, even though that Order was permitting the

BOCs to provide those services on an integrated basis. The Bureau

required that this listing information be provided at the same rates,

terms, and conditions, if any, the BOC charges or imposes on its own

E911 services. The BOCs are already required to account for their E911

services on the books of account that they maintain in accordance with

Part 32 of the Commissions rules. The Commission requires that the BOCs

treat their E911 serves as nonregulated activities for federal

accounting purposes to the extent they involve storage and retrieval

functions included within the statutory definition of information

service. The BOCs shall record any charges they impute for their E911

services in their revenue accounts. The BOCs shall account for any

imputed charges by debiting their nonregulated operating revenue

accounts and crediting their regulated revenue accounts by the amounts

of the imputed charges. The BOCs shall make any changes to their cost

allocation manuals necessary to reflect this account. The BOCs'

independent auditors shall include this accounting in their review of

the BOCs compliance with their cost allocation manuals. The

requirements will be used to ensure that BOCs comply with the

nondiscrimination requirements under the 1996 Act.

OMB Approval No.: 3060-0785.

Title: Changes to the Board of Directors of the National Exchange

Carrier Association and the Federal-State Joint Board on Universal

Service, CC docket Nos. 97-21 and 96-45.

Form No.: FCC Form 457.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for profit.

Number of Respondents: 5,000.

Estimated Time Per Response: 11.13 hours per response (avg.).

Frequency of Response: On occasion reporting requirement.

Total Annual Burden: 55,650 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden:

$4,903,000.

Needs and Uses: The Telecommunications Act of 1996 directed the

Commission to initiate a rulemaking to reform our system of universal

service so that universal service is preserved and advanced as markets

move toward competition. On May 8, 1997, the Commission released the

Report and Order on Universal Service (Universal Service Order) in CC

Docket 96-45 that established new federal universal service support

mechanisms consistent with the universal service provisions of section

254. In the Fourth Order on Reconsideration in CC Docket No. 96-45,

Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72

(adopted December 30, 1997, released December 30, 1997), the Commission

reconsidered certain aspects of the Universal Service Order and

exempted additional entities from universal service contribution and

reporting requirements. Broadcasters and schools, colleges,

universities, rural health care providers, and systems integrators that

derive de minimis amounts of revenue from the resale of

telecommunications will not be required to contribute to universal

service. Entities whose annual contribution would be less than $10,000

will not be required to contribute to universal service or comply with

universal service reporting requirements. Contributors exempt from

filing and contributing because of de minimis revenues must complete

and retain the FCC 457 worksheet and make it available to the

Commission or to the Universal Service Administrator upon request.

Underlying carriers should

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include revenues derived from providing telecommunications to entities

qualifying for the de minimis exemption in line 34-47, where

appropriate of their Universal Service Worksheet. The Universal Service

Worksheet, FCC Form 457 was revised to make it consistent with recent

actions taken by the Commission in the universal service proceeding.

The information will be used by the Commission and the Administrator or

Temporary Administrator to calculate contributions to the universal

service support mechanisms.

OMB Approval No.: 3060-0536.

Title: Rules and Requirements for Telecommunications Relay Services

(TRS) Interstate Cost Recovery.

Form No.: FCC Form 431.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for profit.

Number of Respondents: 5,000.

Estimated Time Per Response: 3.11 hours per response (avg.).

Frequency of Response: On occasion reporting requirement.

Total Annual Burden: 15,593 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

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

Public Law 101-336, Section 401, 104 Stat. 327, 366-69 (codified at 47

U.S.C. Section 225) requires the Federal Communications Commission to

ensure that telecommunications relay services are available to persons

with hearing and speech disabilities in the United States. Among other

things, the Commission is required by 47 U.S.C. 225(d)(3) to enact and

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

of providing interstate TRS. The Commission's regulations concerning

the TRS Fund are codified at 47 C.F.R. 64.604(c)(4). Pursuant to these

regulations, the National Exchange Carrier Association (NECA) has been

appointed Administrator of the TRS Fund. The Commission's rules require

all carriers providing interstate telecommunications services to

contribute to the TRS Fund on an annual basis. Contributions are the

product of the carrier's gross interstate revenues for the previous

year and a contribution factor determined annually by the Commission.

The collected contributions are used to compensate TRS providers for

the costs of providing interstate TRS service. The Commission releases

an order each year approving the contribution factor, payment rate and

TRS Fund Worksheet for the following year. Accordingly, on December 22,

1997, the Commission's Common Carrier Bureau, acting under delegated

authority, released an order approving the contribution factor for the

April 1998 through March 1999 contribution period and the 1998 TRS Fund

Worksheet (FCC Form 431) and also making several revisions to the form.

The data in the report will be used to ensure that carriers properly

fund interstate TRS. All carriers providing interstate

telecommunications service must file this worksheet. Other

telecommunications carriers may voluntarily file this worksheet. The

requested information is used to administer the TRS Fund. Information

is used to calculate a national average to recover the total interstate

TRS revenue requirements and to determine the appropriate payment due

to the TRS providers participating in the shared-funding plan.

OMB Approval No.: 3060-0814.

Title: Section 54.301 Local Switching Support and Local Switching

Support Data Collection Form and Instructions.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for profit.

Number of Respondents: 192.

Estimated Time Per Response: 21.55 hours per response (avg.).

Frequency of Response: On occasion reporting requirement; annually.

Total Annual Burden: 4,138 hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: The Telecommunications Act of 1996 directed the

Commission to initiate a rulemaking to reform our system of universal

service so that universal service is preserved and advanced as markets

move toward competition. On May 8, 1997, the Commission released the

Report and Order on Universal Service (Universal Service Order) in CC

Docket 96-45 that established new federal universal service support

mechanisms consistent with the universal service provisions of section

254. In the Fourth Order on Reconsideration in CC Docket No. 96-45,

Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72

(adopted December 30, 1997, released December 30, 1997), the Commission

reconsiders certain aspects of the Universal Service Order. Among other

things, the Fourth Order on Reconsideration adopts a precise

methodology for the universal service administrator to use in

calculating the average unseparated local switching revenue

requirement. Although this rule generally requires carriers to submit

data on October 1 of each year, the universal service administrator

must collect data from carriers that do not participate in the NECA

common line pool immediately to prepare for the 1998 year. Each

incumbent local exchange carrier that is not a member of the NECA

Common Line tariff, that has been designated an eligible

telecommunications carrier, and that serves a study area with 50,000 or

fewer access lines shall, for each study area, provide the

Administrator with the projected total unseparated dollar amount

assigned to each account in Section 54.301(b) for 1998. Of the carriers

that do not participate in the NECA common line pool, 20 of these

carriers are ``average schedule'' companies as defined in Part

69.605(c) of the Commission's rules. Each incumbent local exchange

carrier that is not a member of the NECA Common Line tariff, that is an

average schedule company, that has been designated an eligible

telecommunications carrier, and that serves a study area with 50,000 or

fewer access lines shall, for each study area, provide the

Administrator with their total number of access lines, total number of

central offices, and projected access minutes for 1998. These companies

receive local switching support calculated pursuant to section

54.301(f), whereas the remaining companies receive support calculated

pursuant to section 54.301(b). This data request is necessary to

calculate the average unseparated local switching revenue requirement.

This revenue requirement calculation is necessary to calculate the

amount of local switching support that carriers will receive. This data

request is necessary to calculate the average unseparated local

switching revenue requirement.

OMB Approval No.: 3060-0819.

Title: Lifeline Assistance (Lifeline), Lifeline Connection

Assistance (Link Up) Reporting Worksheet and Instructions (47 CFR

54.400-54.417).

Form No.: FCC Form 497.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for profit.

Number of Respondents: 1,500 respondents (18,000 responses).

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

Frequency of Response: On occasion reporting requirement; monthly;

quarterly; semi-annually.

Total Annual Burden: 42,000.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Needs and Uses: The Telecommunications Act of 1996 directed the

Commission to initiate a

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rulemaking to reform our system of universal service so that universal

service is preserved and advanced as markets move toward competition.

On May 8, 1997, the Commission released a Report and Order on Universal

Service (Universal Service Order) in CC Docket 96-45 that established

new federal universal service support mechanisms consistent with

section 254. In the Universal Service Order, the Commission expanded

and made competitively neutral its programs for low-income consumers,

Lifeline and Link Up. On December 30, 1997, the Commission released a

Fourth Order on Reconsideration that amended some of the Lifeline and

Link Up rules. The following describes the universal service support

reimbursement available to eligible telecommunications carriers for

providing Lifeline and Link Up programs to qualifying low-income

customers: Eligible telecommunications carriers are permitted to

receive universal service support reimbursement for offering Lifeline

service to qualifying low-income customers; eligible telecommunications

carriers may receive universal service support reimbursement for the

revenue they forego in reducing their customary charge for commencing

telecommunications service and for providing a deferred schedule for

payment of the charges assessed for commencing service for which the

consumer does not pay interest, in conformity with 47 CFR 54.411;

eligible telecommunications carriers providing toll-limitation services

(TLS) for qualifying low-income subscribers will be compensated from

universal service mechanisms for the incremental cost of providing

either toll blocking or toll control; and eligible telecommunications

carriers that serve qualifying low-income consumers who have toll

blocking shall receive universal service support reimbursement for

waiving the Presubscribed Interexchange Carriers Charge (PICC) for

Lifeline customers. FCC Form 497 implements the Lifeline and Link Up

reimbursement programs. This information is necessary in order for

eligible telecommunications carriers to receive universal service

support reimbursement for providing Lifeline and Link Up.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98-6424 Filed 3-12-98; 8:45 am]

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