[Federal Register: August 25, 2008 (Volume 73, Number 165)]
[Notices]
[Page 50010-50011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au08-41]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission for Extension Under Delegated
Authority, Comments Requested
August 13, 2008.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden invites the general public
and other Federal agencies to take this opportunity to comment on the
following information collection(s), as required by the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct
or sponsor a collection of information unless it displays a currently
valid control number. No person shall be subject to any penalty for
failing to comply with a collection of information subject to the
Paperwork Reduction Act (PRA) that does not display a valid control
number. Comments are requested concerning (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
burden estimate; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology.
[[Page 50011]]
DATES: Persons wishing to comment on this information collection should
submit comments October 24, 2008. If you anticipate that you will be
submitting comments, but find it difficult to do so within the period
of time allowed by this notice, you should advise the contact listed
below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget (OMB), (202) 395-5887, or via fax at 202-395-
5167, or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to
Judith-B.Herman@fcc.gov, Federal Communications Commission (FCC). To
submit your comments by email send them to: PRA@fcc.gov. To view a copy
of this information collection request (ICR) submitted to OMB: (1) Go
to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for
the section of the Web page called ``Currently Under Review'', (3)
click the downward-pointing arrow in the ``Select Agency'' box below
the ``Currently Under Review'' heading, (4) select ``Federal
Communications Commission'' from the list of agencies presented in the
``Select Agency'' box, (5) click the ``Submit'' button to the right of
the ``Select Agency'' box and (6) when the list of FCC ICRs currently
under review appears, look for the title of this ICR (or its OMB
Control Number, if there is one) and then click on the ICR Reference
Number to view detailed information about this ICR.
FOR FURTHER INFORMATION CONTACT: For additional information, send an
email to Judith B. Herman at 202-418-0214.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060-0989.
Title: Sections 63.01, 63.03, 63.04, Procedures for Applicants
Requiring Section 214 Authorization for Domestic Interstate
Transmission Lines Acquired Through Corporate Control.
Form No.: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents: 86 respondents; 86 responses.
Estimated Time Per Response: 1.5-12 hours.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Mandatory.
Total Annual Burden: 959 hours.
Annual Cost Burden: $76,235.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality: There is no need for
confidentiality. The FCC is not requiring applicants to submit
confidential information to the Commission. If applicants want to
request confidential treatment of the documents they submit to
Commission, they may do so under 47 CFR 0.459 of the Commission's
rules.
Needs and Uses: This collection will be submitted as an extension
(no change in reporting requirements) after this 60 day comment period
to Office of Management and Budget (OMB) in order to obtain the full
three year clearance.
A Report and Order, FCC 02-78, adopted and released in March 2002
(Order), set forth the procedures for common carriers requiring
authorization under section 214 of the Communications Act of 1934, as
amended, to acquire domestic interstate transmission lines through a
transfer of control. Under section 214 of the Act, carriers must obtain
FCC approval before constructing, acquiring, or operating an interstate
transmission line. Acquisitions involving interstate common carriers
require affirmative action by the Commission before the acquisition can
occur.
This information collection contains filing procedures for domestic
transfer of control applications under sections 63.03 and 63.04.
(a) Section 63.03 and 63.04 requires domestic section 214
applications involving domestic transfers of control, at a minimum,
should specify: (1) The name, address and telephone number of each
applicant; (2) the government, state, or territory under the laws of
which each corporate or partnership applicant is organized; (3) the
name, title, post office address, and telephone number of the officer
or contact point, such as legal counsel, to whom correspondence
concerning the application is to be addressed; (4) the name, address,
citizenship and principal business of any person or entity that
directly or indirectly owns at least ten percent of the equity of the
applicant, and the percentage of equity owned by each of those entities
(to the nearest one percent); (5) certification pursuant to 47 CFR
1.2001 through 1.2003 that no party to the application is subject to a
denial of Federal benefits pursuant to section 5301 of the Anti-Drug
Abuse Act of 1988; (6) a description of the transaction; (7) a
description of the geographic areas in which the transferor and
transferee (and their affiliates) offer domestic telecommunications
services, and what services are provided in each area; (8) a statement
as to how the application fits into one or more of the presumptive
streamlined categories in section 63.03 or why it is otherwise
appropriate for streamlined treatment; (9) identification of all other
Commission applications related to the same transaction; (10) a
statement of whether the applicants are requesting special
consideration because either party to the transaction is facing
imminent business failure; (11) identification of any separately filed
waiver request being sought in conjunction with the transaction; and
(12) a statement showing how grant of the application will serve the
public interest, convenience, and necessity, including any additional
information that may be necessary to show the effect of the proposed
transaction on competition in domestic markets. Where an applicant
wishes to file a joint international section 214 transfer of control
application and domestic section 214 transfer of control application,
the applicant must submit information that satisfies the requirements
of 47 CFR section 63.18. In the attachment to the international
application, the applicant must submit information described in 47 CFR
section 63.04(a)(6)-(a)(12).
When the Commission, acting through the Wireline Competition
Bureau, determines that applicants have submitted a complete
application qualifying for streamlined treatment, it shall issue a
public notice commencing a 30-day review period to consider whether the
transaction serves the public interest, convenience and necessity.
Parties will have 14 days to file any comments on the proposed
transaction, and applicants will be given 7 days to respond.
(b) Applicants are not required to file post-consummation notices
of pro forma transactions, except that a post transaction notice must
be filed with the Commission within 30 days of a pro forma transfer to
a bankruptcy trustee or a debtor-in-possession. The notification can be
in the form of a letter (in duplicate to the Secretary, Federal
Communications Commission). The letter or other form of notification
must also contain the information listed in sections (a)(1) through
(a)(4) of section 63.04. A single letter may be filed for more than one
such transfer of control. The information will be used by the
Commission to ensure that applicants comply with the requirements of 47
U.S.C. 214.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-19645 Filed 8-22-08; 8:45 am]
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