Daily Rules, Proposed Rules, and Notices of the Federal Government
OMB Control No: 3060-XXXX.
Title: Sections 1.49 and 1.54, Forbearance Petition Filing Requirements.
Form No.: N/A.
Type of Review: New collection.
Respondents: Business or other for-profit.
Number of Respondents: 10 respondents; 10 responses.
Estimated Time Per Response: 640 hours.
Frequency of Response: On occasion reporting requirement, recordkeeping requirement and third party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. Sections 151, 154(i), 154(j), 155(c), 160, 201 and 303(r).
Total Annual Burden: 6,400 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality: The Commission is not requesting that the respondents submit confidential information to the Commission. Respondents may, however, request confidential treatment for information they believe to be confidential under 47 CFR 0.459 of the Commission's rules.
Need and Uses: The Commission is requesting OMB approval of this new information collection request in order to obtain the full three year clearance from them. The Commission is estimating 6,400 total annual burden hours.
Under section 10 of the Communications Act of 1934, as amended, telecommunications 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 additional 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.”
Under the new filing procedures, the Commission requires that petitions for forbearance must be “complete as filed” and explain in detail what must be included in the forbearance petition. The Commission also incorporates by reference its rule, 47 CFR 1.49, which states the Commission's standard “specifications as to pleadings and documents.” Precise filing requirements are necessary because of section 10's strict time limit for Commission action. Also, commenters must be able to understand clearly the scope of the petition in order to comment on it. Finally, standard filing procedures inform petitioners precisely what the Commission expects from them in order to make the statutory determinations that the statute requires.