Public Information Collections Approved by Office of Management and Budget

FEDERAL COMMUNICATIONS COMMISSION

Public Information Collections Approved by Office of Management

and Budget

November 1, 1999.

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.: 3060-0715.

Expiration Date: 06/30/2001.

Title: Implementation of the Telecommunications Act of 1996:

Telecommunications Carriers Use of Customer Proprietary Network

Information and Other Customer Information--CC Docket 96-115.

Form No.: N/A.

Respondents: Business or other for profit.

Estimated Annual Burden: 2000 respondents; 16.75 hours per response

(avg.); 33,500 total annual burden hours for all collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $0.

Frequency of Response: On occasion; One-time requirement;

Recordkeeping; Third Party Disclosure.

Description: In the Third Report and Order issued in CC Docket No.

96-115, the Commission clarifies and particularizes the statutory

obligations of section 222 of the Communications Act of 1996. Section

222(e) states that a telecommunications carrier that provides

``telephone exchange service'' shall provide subscriber list

information ``gathered in its capacity as a provider of such service on

a timely and unbundled basis, under nondiscriminatory and reasonable

rates, terms, and conditions, to any person upon request for the

purpose of publishing directories in any format.'' a. Provision of

Subscriber List Information: Telecommunications carriers that provide

telephone exchange service must provide subscriber list information

gathered in its capacity as a provider of such service on a timely and

unbundled basis, under nondiscriminatory and reasonable rates, terms,

and conditions, to any person upon request for the purpose of

publishing directories in any format. See 47 CFR Section 64.2309.

Carriers are obligated to provide updated subscriber list information

to requesting directory publishers. Carriers are required to provide

requesting directory publishers with notice of changes in subscriber

list information to the extent those changes reflect customers'

decisions to cease having particular telephone numbers listed. Upon

request, a carrier that has received at least thirty days advance

notice also must provide subscriber list information on any periodic

basis that the carrier's internal systems can accommodate. (No. of

respondents: 2000; hours per response: 10 hours; total annual burden:

20,000 hours). b. Notifications: A carrier must provide subscriber list

information at the time requested by the directory publisher, provided

that the directory publisher has given at least thirty days advance

notice and the carrier's internal systems permit the request to be

filled within that time frame. If a carrier's internal systems do not

permit the carrier to provide subscriber list information within the

requested timeframe, the carrier must inform the directory publisher

that the requested schedule cannot be accommodated and tell the

directory publisher which schedules can be accommodated. See 47 CFR

64.2313. A directory publisher may request that a carrier unbundle

subscriber list information on any basis for the purpose of publishing

one or more directories. If the carrier's internal systems do not

permit it to unbundle subscriber list information on the basis a

directory publisher requests, the carrier must inform the directory

publisher that it cannot unbundle subscriber list information on the

requested basis and tell the directory publisher the basis on which the

carrier can unbundle subscriber list information; and provide

subscriber list information to the directory publisher on the basis the

directory publisher chooses from among the available bases. See 47 CFR

Section 64.2317. A carrier shall provide subscriber list information

obtained in its capacity as a provider of telephone exchange service to

a requesting directory publisher in the format the publisher specifies,

if the carrier's internal systems can accommodate that format. If a

carrier's internal system do not permit the carrier to provide

subscriber list information in the format the directory publisher

specifies, the carrier shall within thirty days of receiving the

publisher's request, inform the directory publisher that the requested

format cannot be accommodated and tell the directory publisher which

formats can be accommodated; and provide the requested subscriber list

information in the format the directory publisher chooses from among

the available formats. See 47 CFR Section 64.2329. If a carrier finds

that it cannot accommodate all of a group of multiple or conflicting

requests for subscriber list information within the specified time

frames, the carrier shall respond to those requests on a

nondiscriminatory basis. The carrier shall inform each affected

directory publisher of such

[[Page 62202]]

requests within thirty days of when it receives the publisher's

request. (No. of respondents: 1000; hours per response: .5 hours; total

annual burden: 500 hours). c. Cost Study: In the event a directory

publisher's files a complaint regarding a carrier's subscriber list

information rates, the carrier must present a cost study providing

credible and verifiable cost data to justify each challenged rate. This

cost study must clearly and specifically identify and justify:

incremental costs, common costs, overhead, and other information. The

carrier should provide this information separately for both base file

and updated subscriber list information if the complainant challenges

both types of rates. (No. of respondents: 100 respondents; hours per

response: 100 hours; total annual burden: 10,000 hours). d.

Certification: A telecommunications carrier may require persons

requesting subscriber list information pursuant to section 222(e) of

the Communications Act or section 64.2309 to certify that the publisher

will use the information only for purposes of publishing a directory.

The certification may be either oral or written, at the carrier's

option. See 47 CFR Section 64.2337. (No. of respondents: 2000; hours

per response: .5 hour; total annual burden: 1000 hours). e. Disclosure

of Contracts, Rates, Terms and Conditions and Recordkeeping: A

telecommunications carrier must retain, for at least one year after its

expiration, each written contract that it has executed for the

provision of subscriber list information for directory publishing

purposes to itself, an affiliate, or an entity that publishes

directories on the carrier's behalf. A telecommunications carrier must

maintain, for at least one year after the carrier provides subscriber

list information for directory publishing purposes to itself, an

affiliate, or an entity that publishes directories on the carrier's

behalf, records of any of its rates, terms, and conditions for

providing that subscriber list information which are not set forth in a

written contract. These records and contracts shall be made available

to Commission and to a directory publisher upon request. See 47 CFR

64.2341. (No. of respondents: 2000; hours per response: 1 hour; total

annual burden: 2000 hours). All of the collections will be used to

ensure that telecommunications carriers comply with section 222(e) of

the Communications Act of 1934, as amended and with subscriber list

information requirements the Commission promulgates in the Third Report

and Order. Obligation to comply: Mandatory.

OMB Control No.: 3060-0741.

Expiration Date: 10/31/2002.

Title: Implementation of the Local Competition Provisions of the

Telecommunications Act of 1996--CC Docket No. 96-98, Second Report and

Order and Memorandum Opinion and Order; Second Order on

Reconsideration.

Form No.: N/A.

Respondents: Business or other for profit.

Estimated Annual Burden: 2000 respondents; 114.3 hours per

response(avg.); 228,750 total annual burden hours for all collections.

Estimated Annual Reporting and Recordkeeping Cost Burden: $60,000.

Frequency of Response: On occasion; Third Party Disclosure.

Description: Section 251 is designed to accelerate private sector

development and deployment of telecommunications technologies and

services by supporting competition. In the Second Report and Order

issued in CC Docket No. 96-98, the Commission adopted rules and

regulations designed to implement certain provisions of section 251,

and eliminate operational barriers to competition in the

telecommunications services market. In the Second Order on

Reconsideration issued in the proceeding, the Commission resolved and

clarified specific issues regarding the nondiscriminatory access

obligations of local exchange carriers.

a. Submission of toll dialing parity implementation plans: Pursuant

to section 251(b)(3), each LEC is required to submit a plan to the

state regulatory commission for each state in which it provides

telephone exchange service setting forth the LEC's plan for

implementing toll dialing parity in that state based on local access

and transport boundaries. See 47 CFR Section 51.213.

(No. of respondents: 135; hours per response: 100 hours; total

annual burden:135,000 hours).

b. Justification for noncompliance: Pursuant to section 251(b)(3),

each LEC that is not a BOC that begins providing in-region, interLATA

or in-region interstate toll services in a state before August 8, 1997,

and is unable to implement intraLATA and interLATA toll dialing parity

throughout that state by August 8, 1997, must submit a notification to

the Commission. See 47 CFR Section 51.211(c). (No. of respondents: 20;

hours per response: 9 hours; total annual burden: 180 hours).

c. Sharing of directory listings: Pursuant to section 251(b)(3),

each LEC must provide directory listings to competing service providers

in ``readily accessible magnetic tape or electronic formats'' upon

request. A LEC must also allow competing providers to have access to

and read the information in the LEC's directory assistance databases.

In the Second Order on Reconsideration, the Commission clarified

that, upon request, a LEC shall provide access to its directory

assistance services, including directory assistance databases, and its

directory listings in any format the competing provider specifies, if

the LEC's internal systems can accommodate that format.

In addition, LECs must supply updates to the requesting LEC in the

same manner as the original transfer and at the same time that it

provides updates to the requesting LEC in the same manner as the

original transfer and at the same time that it provides updates to

itself.

(No. of respondents: 500; hours per response: 36 hours; total

annual burden: 18,000 hours).

d. Notification regarding format: If a LEC's internal systems do

not permit it to provide directory assistance or directory listings in

the format the specified by the competing provider, the LEC must inform

the competing provider that the requested format cannot be accommodated

and tell the requesting provider which formats can be accommodated with

in 30 days of receiving the request. See 47 CFR 51.217(c)(3). In the

Second Order on Reconsideration, the Commission requires LECs to inform

requesting providers within 30 days when the requested format cannot be

accommodated.

(No. of respondents: 500; hours per response: 24 hours; total

annual burden: 12,000 hours).

e. Provision of technical information. Pursuant to sections

251(c)(2) and 251(c)(3), an ILEC shall provide to a requesting

telecommunications carrier technical information about its network

facilities sufficient to allow the requesting telecommunications

carrier to achieve interconnection and/or access to unbundled network

elements. See 47 CFR Sections 51.305(f) and 51.307(e).

(No. of respondents: 50; hours per response: 1 hour; total annual

burden: 50 hours).

f. Public notice of network changes: Pursuant to section 251(c)(5),

an ILEC must provide public notice of a network change that either: (1)

will affect a competing service provider's performance or ability to

provide service; or (2) will affect the ILEC's interoperability with

other service providers. See 47 CFR 51.325--51.335

[[Page 62203]]

(No. of respondents: 500; hours per response: 72; total annual

burden: 36,000 hours).

g. Burden of proof: Pursuant to section 251(b)(3), a LEC that

provides operator services, directory assistance services or directory

listings to its customers, or provides telephone numbers, shall permit

competing providers of telephone exchange service or telephone toll

service to have nondiscriminatory access to that service or feature,

with no unreasonable dialing delays.

In disputes involving nondiscriminatory access to operator

services, directory assistance services, or directory listings, a

providing LEC shall bear the burden of demonstrating with specificity:

(1) that it is permitting nondiscriminatory access; and (2) that any

disparity in access is not caused by factors within its control. See 47

CFR 51.217.

In disputes between parties providing LECs and competing providers

involving unreasonable dialing delay in the provision of access to

operator services and directory assistance, the burden of proof is on

the providing LEC to demonstrate with specificity that it is processing

the calls of the competing provider's customers on terms equal to that

of similar calls from the providing LEC's own customers. See 47 CFR

51.217.

(No. of respondents: 75; hours per response: 8 hours; total annual

burden: 600 hours).

h. Submission of area code relief plans: Pursuant to Section

251(e)(1), a state commission must notify the entity or entities

designated by the Commission to serve as central office code

administrator(s) for its state that such state commission intends to

perform matters related to initiation and development of area code

relief planning efforts. See 47 CFR Section 52.19(b).

(No. of respondents: 30; hours per response: 40 hours; total annual

burden: 1200 hours).

In the Notice of Proposed Rulemaking issued in the proceeding, the

Commission sought comment on issues arising out of developments in, and

the convergence of, directory publishing and directory assistance.

i. Subscriber List information for Internet Directories.

(No. of respondents: 2000; hours per response: 8 hours; total

annual burden: 16,000 hours).

j. Provision of access to nonlocal listings.

(No. of respondents: 20; hours per response: 36 hours; total annual

burden: 720 hours).

k. Listing of information to nontelephone exchange or toll service

directory assistance providers.

(No. of respondents: 250; hours per response: 36 hours: total

annual burden: 9000 hours).

These information collection requirements are part of an effort to

make local dialing and networks, telephone numbers, operator services,

directory assistance and directory listings available to all

competitors on an equal basis. Obligation to comply: Mandatory.

Public reporting burden for the collection 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, DC 20554.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 99-29786 Filed 11-15-99; 8:45 am]

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