Sections 76.970, 76.971 and 76.975, Commercial Leased Access, Rates, Terms and Conditions

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0568 (June 2019).doc Supporting Statement A	2019-09-24

IC Document Collections

IC ID	Document Title	Status
44966	Petitions for Relief	Removed
44965	Accountant Leased Access Reviews	Removed
44964	Third party billing	Removed
44963	Gathering, maintaining and disclosing permitted rate information	Removed
30385	Commercial Leased Access	Modified

ICR Details

OMB Control No: 3060-0568	ICR Reference No: 201909-3060-006
Status: Active	Previous ICR Reference No: 201712-3060-002
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Sections 76.970, 76.971 and 76.975, Commercial Leased Access, Rates, Terms and Conditions
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: 12/03/2019
	Date Received in OIRA: 09/27/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	36 Months From Approved	01/31/2021
Responses	6,879	0	11,970
Time Burden (Hours)	17,131	0	59,671
Cost Burden (Dollars)	118,000	0	74,000

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Abstract: On June 7, 2019, the Commission released a Report and Order and Second Further Notice of Proposed Rulemaking (Report and Order and Second FNPRM), In the Matter of Leased Commercial Access; Modernization of Media Regulation Initiative, MB Docket Nos. 07-42 and 17-105, FCC 19-52. The Report and Order first vacates the Commission’s 2008 leased access order, 23 FCC Rcd 2909, which never went into effect. Second, the Report and Order adopts certain updates and improvements to the Commission’s existing leased access rules. The rule changes that are relevant to this information collection are changes to sections 76.970(h) and 76.975(e).

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Authorizing Statute(s): US Code: 47 USC 303, 532 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154(i) Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ95	Final or interim final rulemaking	84 FR 28761	06/20/2019

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 35115	07/22/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 51157	09/27/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Accountant Leased Access Reviews
Petitions for Relief
Commercial Leased Access
Gathering, maintaining and disclosing permitted rate information
Third party billing

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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	6,879	11,970	0	-5,091	0	0
Annual Time Burden (Hours)	17,131	59,671	0	-42,540	0	0
Annual Cost Burden (Dollars)	118,000	74,000	0	44,000	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The Commission has the following program changes to this collection as a result of the final information collection requirements contained in FCC 19-52: -1,353 respondents; -5,091 responses; -42,540 annual burden hours; and +$44,000 annual cost.

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Annual Cost to Federal Government: $21,202

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? Uncollected

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Common Form ICR:  No

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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: 09/27/2019

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