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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:
3060-1220
ICR Reference No:
201612-3060-012
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
FCC
Agency Tracking No:
CGB
Title:
Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (Mobile Broadband Disclosures)
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 with change
Conclusion Date:
12/15/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/15/2016
Terms of Clearance:
OMB approves the requested information collection for mobile broadband for two years. However, at this time, packet loss will not be a required performance metric for mobile disclosure. Given the current level of public participation in the mobile MBA application, mobile MBA is not designated a “safe harbor” for mobile disclosure at this time and will not be used as such until FCC provides OMB analysis that indicates that participation in the program reflects a representative, statistically valid measure of mobile performance data. Prior to renewal, FCC will: a. Continue to refine its current mobile disclosure requirements, as may be necessary, in light of results published in FCC’s mobile MBA report that is generated from a statistically valid, representative sample of information collected through the mobile MBA application and methodologies for measuring performance to ensure that the disclosures best serve the goals of: i. providing accurate information that is useful to consumers, and ii. providing information that is useful for decision-making purposes. b. When submitting the mobile broadband ICR for renewal, report to OMB the results of the above evaluations, along with a discussion of consumer information gathered through the MBA program and other relevant evidence of the usefulness to consumers and effectiveness of the disclosures. c. Assess geographic region measurement units to weigh the utility and comparability for consumers, including whether: i. CMAs are the appropriate unit of measurement for disclosing “actual network performance” in which a “consumer would likely experience”; ii. Possible other alternative geographic region measurement options. iii. Whether using voluntary consensus standards would be a viable alternative. d. Assess reported peak usage data to determine: i. whether there is a threshold percentage of consumer congestion within the mobile broadband service industry that would lend itself as a baseline for industry to use in establishing a peak time frame; ii. the appropriate mobile disclosure usage parameters (i.e. peak usage like on peak/off peak); iii. whether using voluntary consensus standards would be a viable alternative. e. Assess, with regard to packet loss: i. the practical utility of packet loss as it relates to mobile performance disclosure; ii. “accurate” methods of calculating mobile packet loss (i.e., drive testing, voluntary app, etc.) iii. whether using voluntary consensus standards would be a viable alternative. f. When submitting the mobile broadband ICR for renewal, FCC will include an estimate of burden associated with mobile disclosures specifically, taking into consideration any differences in burden associated with the disclosure of fixed versus mobile broadband data. Currently, FCC is reporting an identical burden estimate for the calculation and disclosure of broadband performance data by both fixed and mobile broadband providers.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2018
36 Months From Approved
Responses
3,188
0
0
Time Burden (Hours)
99,466
0
0
Cost Burden (Dollars)
640,000
0
0
Abstract:
On February 26, 2015 the Commission adopted the Protecting and Promoting the Open Internet Report and Order on Remand, Declaratory Ruling, and Order (“2015 Open Internet Order”). The 2015 Open Internet Order builds on the Preserving the Open Internet and Broadband Industry Practices Report and Order (“ 2010 Open Internet Order”). The 2015 Order will help ensure that Internet openness will continue, providing greater certainty to consumers, innovators, investors, and broadband providers, including the flexibility providers need to effectively manage their networks. It concludes that high-level protections to ensure the continued vitality of the Internet are needed in light of instances of broadband providers interfering with the Internet’s openness, and the incentives providers may face to exert gatekeeper control over Internet content, applications, and services. The transparency rule adopted in the 2010 Open Internet Order and enhanced in the 2015 Open Internet Order requires all broadband providers to publicly disclose network management practices, performance characteristics, and commercial terms (collectively referred to here as “network management practices”) of their broadband services. The rule ensures transparency and continued Internet openness, while making clear that broadband providers can effectively manage their networks and respond to market demands.
Authorizing Statute(s):
US Code:
47 USC 1302
US Code:
47 USC 301
US Code:
47 USC 303
US Code:
47 USC 316
US Code:
47 USC 332
US Code:
47 USC 403
US Code:
47 USC 501
US Code:
47 USC 503
US Code:
47 USC 202
US Code:
47 USC 151
US Code:
47 USC 152
US Code:
47 USC 153
US Code:
47 USC 154
US Code:
47 USC 160
US Code:
47 USC 201
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3060-AK21
Final or interim final rulemaking
80 FR 19738
04/13/2015
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
80 FR 29000
05/20/2015
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 53145
08/11/2016
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (Mobile Broadband Disclosures)
Transparency Rule Disclosures, Protecting and Promoting the Open Internet, Report and Order on Remand, Declaratory Ruling, and Order, GN Docket No. 14-28, FCC 15-24 (Mobile Broadband Disclosures)
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
3,188
0
0
3,188
0
0
Annual Time Burden (Hours)
99,466
0
0
99,466
0
0
Annual Cost Burden (Dollars)
640,000
0
0
640,000
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 has recalculated the burdens for this information collection based on: 1) the enhancements set forth in the 2015 Open Internet Order, as discussed previously; and 2) the changed source of data for the number of respondents. Therefore, below are the program changes for this information collection: The Commission has determined that there has been an increase in the total annual number of respondents of + 1,476 from 1,712 to 3,188 and an increase in the total annual number of responses of +1,476 from 1,712 to 3,188. The Commission has further determined there will be an increase in the estimated time per response of +6.8 from 24.4 to 31.2 and an increase in the total annual burden hours of +57,693 from 41,773 to 99,466. These increases are due to a change in the source of data used by the Commission to determine the number of respondents and marginal increases in the estimates of employee hours required to comply with the clarifications, enhancements, and one deletion of disclosure requirements under the Transparency Rule. Previously, the Commission used the number of providers listed in the Internet Access Services Report , which was based on the number of providers filing a Form 477. The Commission is now using information from the most recently available Economic Census. The Commission has determined that there is an increase in the total annualized capital cost of +$80,000 from $560,000 per year to $640,000 to reflect the increase in cost of measurement devices.
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]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
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:
John Adams 202 418-2854 johnb.adams@fcc.gov
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:
12/15/2016
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