View Information Collection Request (ICR) Package
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View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3060-1138
ICR Reference No:
200910-3060-015
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
FCC
Agency Tracking No:
WCB
Title:
Sections 1.49 and 1.54, Forbearance Petition Filing Requirements
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/05/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/01/2010
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2013
36 Months From Approved
Responses
10
0
0
Time Burden (Hours)
6,400
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
Under section 10 of the Communications Act of 1934, as amended, telecommunications carriers (comprising of fixed local service providers, wireless telephony providers and interexchange carriers) may petition the Commission to forbear from applying to a telecommunications carrier any statutory provision or Commission regulation. When a carrier petitions the Commission for forbearance, section 10 requires the Commission to make three determinations with regard to the need for the challenged provision or regulation. If the Commission fails to act within one year (extended by three months, if necessary) the petition is "deemed granted" by operation of law. These determinations require complex, fact-intensive analysis, e.g., "whether forbearance from enforcing the provision or regulation will promote competitive market conditions."
Authorizing Statute(s):
US Code:
47 USC 10
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 151, 154, 155
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 160
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 201
Name of Law: Communications Act of 1934, as amended
US Code:
47 USC 303
Name of Law: Communications Act of 1934, as amended
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3060-AJ31
Final or interim final rulemaking
74 FR 39219
08/06/2009
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
74 FR 59538
11/18/2009
30-day Notice:
Federal Register Citation:
Citation Date:
75 FR 6662
02/10/2010
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Sections 1.49 and 1.54, Forbearance Petition Filing Requirements
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
10
0
0
10
0
0
Annual Time Burden (Hours)
6,400
0
0
6,400
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The Commission adopted a Report and Order, FCC 09-56, which requires tht petitions for forebearance must be "complete as filed" and explain in detail what must be included in a forbearance petition. The Commission also incorporates by reference its rule, 47 CFR 1.49, which states that the Commission's standard "specifications as to pleadings and documents."
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Jon Reel 202 418-1580
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
03/01/2010
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