View Information Collection Request (ICR) Package
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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:
3060-1151
ICR Reference No:
202403-3060-021
Status:
Active
Previous ICR Reference No:
202203-3060-012
Agency/Subagency:
FCC
Agency Tracking No:
WCB
Title:
Sections 1.1411, 1.1412, 1.1415 and 1.1416 and Pole Attachment Access Requirements and Dispute Resolution Requirements
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
07/02/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
05/07/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2027
36 Months From Approved
06/30/2025
Responses
165,009
0
163,876
Time Burden (Hours)
120,980
0
112,534
Cost Burden (Dollars)
1,800
0
6,750,000
Abstract:
The Commission adopted a comprehensive regulatory scheme to ensure just and reasonable rates, terms, and conditions of access to utility infrastructure (usually called “poles or “pole attachments”), with a robust dispute resolution process when the parties are not able to agree on terms. The Commission also adopted requirements for providing communications providers with information about the status of the utility poles they plan to use as they map out their broadband builds. Access to poles involves requests, responses, notices, and coordination among utility pole owners, requesting attachers, and parties with existing facilities attached to the poles. The regulations in 47 CFR sections 1.1411, 1.1412, 1.1415, and 1.1416 include pole complaint and other dispute resolution processes, pole access timelines for one-touch, make-ready (OTMR) and non-OTMR attachments, and use by new attachers of utility-approved contract workers. In addition, the rules require utilities to allow attachers to “overlash” existing wires and they eliminate outdated disparities between the pole attachment rates that incumbent carriers must pay compared to other similarly-situated cable and telecommunications attachers.
Authorizing Statute(s):
US Code:
47 USC 224
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-AK32
Final or interim final rulemaking
89 FR 2151
01/12/2024
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
89 FR 14491
02/27/2024
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 38132
05/07/2024
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
Business and other for-profit
FCC Form 5653
Request for Rapid Broadband Assessment Team (RBAT) Review and Assessment
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
165,009
163,876
0
1,133
0
0
Annual Time Burden (Hours)
120,980
112,534
0
8,446
0
0
Annual Cost Burden (Dollars)
1,800
6,750,000
0
-6,748,200
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 is reporting adjustments to the total number of respondents, total annual responses, and total annual burden hours previously reported to OMB as part of this collection. In the April 2022 renewal of this collection, we estimated that there were 1,313 respondents affected by the paperwork burdens imposed by the collection. In this current revision to the collection, we make an upward adjustment on our estimate of the number of respondents affected to 1,380 due to an increase in the number of telecommunications attachers in the last two years. Further, in the April 2022 renewal, we estimated that compliance with this collection would result in 163,876 annual responses, 112,534 annual burden hours, and $6,750,000 total annual costs for the respondents affected by the requirements in this collection. Due to the new requirements imposed on the impacted respondents by the rules adopted in the Fourth Report and Order, plus an increase in the number of respondents, we estimate that there will be an additional 1,133 annual responses and 8,446 annual burden hours required from the respondents in order to comply with the collection’s requirements. The increase from these program changes results in a new total number of annual responses of 165,009 a new total of annual burden hours of 120,980. Also, there is a decrease of $6,750,000 in start-up and capital costs that were carried in previously-approved versions of this collection that have been incurred by respondents to the extent they were necessary. As a result, we are no longer carrying this $6,750,000 in start-up and capital costs as part of this collection. However, as explained in the calculations of the respondents’ outside cost burdens in Question 13 above, there will be a new annual outside cost to respondents of $1,800 because of the need for outside counsel to assist in the preparation of the FCC Form 5653.
Annual Cost to Federal Government:
$1,068
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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?
No
Agency Contact:
Michael Ray 202 418-0357
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:
05/07/2024
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