View ICR - OIRA Conclusion
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200802-3060-019
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Historical Inactive
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FCC
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PSHSB
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Information Collection Regarding Emergency Backup Power for Communications Assets as Set Forth in the Commission's Rules (47 CFR 12.2)
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New collection (Request for a new OMB Control Number)
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Regular
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Disapproved
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11/28/2008
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Retrieve Notice of Action (NOA)
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09/09/2008
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For the reasons provided below, the Office of Management and Budget disapproves the request to initiate this information collection:
•The Federal Communications Commission (FCC) did not, as required by law under section 3507(a) of the Paperwork Reduction Act (PRA), seek and evaluate public comment on this reporting requirement in advance of the adoption of the collection of information.
Additionally the FCC has not:
•per section 3506(c)(3)(A) of the PRA and 5 CFR 1320(5)(d)(1), demonstrated the practical utility of the information collected given--it is subject to potential change before the FCC can process it, the expected volume of submitted reports, the size of the staff assigned to analyze the information, and the non-standardized format the information will be submitted in;
•per section 3506(c)(3)(C) of the PRA, demonstrated a reasonable effort has been made to reduce to the extent practical the burden placed on respondents due to a lack of sufficient clarify on how respondents are to satisfy compliance with this collection; and
•per section 3506(c)(3)(H) of the PRA, demonstrated, given the minimal staff assigned to analyze and process this information, that the collection has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information collected.
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Inventory as of this Action |
Requested |
Previously Approved |
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36 Months From Approved |
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0 |
93 |
0 |
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0 |
10,848 |
0 |
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0 |
0 |
0 |
The Commission adopted a rule requiring certain local exchange carriers (LECs) and commercial mobile radio service (CMRS) providers to have emergency backup power for assets necessary to maintain communications that are normally powered from local commercial power, including those inside central offices, cell sites, remote switches and digital loop carrier system remote terminals. Those LECs and CMRS providers must maintain emergency backup power for a minimum of twenty-four hours for assets that are located inside central offices and eight hours for assets at other locations. LECs and CMRS providers are not required to meet the back-up power requirement if they demonstrate, through a reporting requirement, that compliance is precluded by: (1) federal, state, tribal or local law; (2) risk to safety of life or health; or (3) private legal obligation or agreement. LECs and CMRS providers must file a report with the Commission that includes a list of: (1) each asset that was designed to comply with the backup power mandate; (2) each asset where compliance is precluded due to risk to safety or life or health; (3) each asset where compliance is precluded by private legal obligation or agreement; (4) each asset where compliance is precluded by Federal, state, tribal or local law; and (5) each asset designed with less than the required emergency backup power capacity that is not precluded from compliance for the reasons stated in (2) – (4), above. LECs and CMRS providers must file these reports within six months of the effective date of the backup power rule, and must include a description of facts supporting the basis of the LEC’s or CMRS provider’s claim of preclusion from compliance. LECs and CMRS providers that do not meet the preclusion criteria and are not in compliance with the backup power rule must file a certified emergency backup power compliance plan within twelve months of the effective date of the backup power rule.
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US Code: 47 USC 154(i) Name of Law: null
US Code: 47 USC 218 Name of Law: null
US Code: 47 USC 303(r) Name of Law: null
US Code: 47 USC 151 Name of Law: null
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None
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3060-AI78
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Final or interim final rulemaking
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72 FR 57879
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10/11/2007
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72
FR
64221
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11/15/2007
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73
FR
52354
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09/09/2008
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Yes
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2
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Yes
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Changing Regulations
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No
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This is a new one-time information collection associated with the Federal Communications Commission's emergency backup power rule (47 CFR 12.2), which was adopted in an Order (FCC 07-107) and revised in an Order on Reconsideration (FCC 07-177). The information collection requires that within six months of the effective date of the backup power rule certain local exchange carriers (LECs) and commercial mobile radio service (CMRS) providers file reports that demonstrate that they are either in compliance with the backup power rule or meet the compliance preclusion criteria set forth in the rule. LECs and CMRS providers that do not meet the preclusion criteria, are not otherwise exempt, and are not in compliance with the backup power rule must file a certified emergency backup power compliance plan within twelve months of the effective date of the rule.
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$79,680
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No
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No
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Uncollected
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Robert Krinsky 202 418-2909 robert.krinsky@fcc.gov
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