[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39565-39566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14152]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-XXXX; FRS 16894]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. Comments are
requested concerning: 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; the accuracy of the Commission's burden estimate; ways to
enhance the quality, utility, and clarity of the information collected;
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; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor a collection of information
unless it displays a currently valid Office of Management and Budget
(OMB) control number. No person shall be subject to any penalty for
failing to comply with a collection of information subject to the PRA
that does not display a valid OMB control number.
DATES: Written PRA comments should be submitted on or before August 31,
2020. 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 Nicole Ongele, FCC, via email
[email protected] and to [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Nicole Ongele, (202) 418-2991.
OMB Control Number: 3060-XXXX.
Title: Connect America Fund--Eligible Locations Adjustment Process
(ELAP).
Form Number: N/A.
Type of Review: New information collection.
Respondents: Business or other for-profit entities, not-for-profit
institutions, individuals or households, and state, local or tribal
governments.
Number of Respondents and Responses: 296 unique respondents; 962
responses.
Estimated Time per Response: 2-40 hours.
Frequency of Response: One-time requirement.
Obligation to Respond: Voluntary. Statutory authority for this
information collection is contained in 47 U.S.C. 151-154, 254.
Total Annual Burden: 10,804 hours.
Total Annual Cost: No Cost.
Privacy Act Impact Assessment: Some of the requirements contained
in this information collection affect individuals or households, and
thus, there are impacts under the Privacy Act. As required by the
Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Commission will
create a system of records notice (SORN) to cover the collection,
storage, maintenance, and disposal (when appropriate) of any personally
identifiable information that the Commission may collect as part of the
information collection.
Nature and Extent of Confidentiality: The information submitted in
the ELAP Map will be made public. We intend to keep other information
confidential to the extent permitted by law. Also, as noted in this
document, this collection contains information that affects individuals
or households, and thus, there are impacts under the Privacy Act. As
required by the Privacy Act of 1974, as amended, 5 U.S.C. 552a, the
Commission will create a SORN to cover the collection, storage,
maintenance, and disposal (when appropriate) of any personally
identifiable information that the Commission may collect as part of the
information collection. USAC must preserve the confidentiality of all
personally identifiable information,
[[Page 39566]]
must not use the information except for purposes of administering the
Universal Service Fund, and must not disclose such information unless
directed to do so by the Commission. See ELAP Order, 34 FCC Rcd 10395,
10412-14, paras. 50-56. If the Commission requests information that the
respondents believe is confidential, respondents may request
confidential treatment of such information under section 0.459 of the
Commission's rules.
Needs and Uses: This information collection addresses the
requirements of a process (the eligible locations adjustment process
(ELAP)) that facilitates the post-auction review of certain CAF Phase
II Auction support recipients' defined deployment obligations (and
associated support), on a state-by-state basis, in situations where the
number of eligible locations within a state is less than the number of
funded locations. Connect America Fund, WC Docket Nos. 10-90 et al.,
Order on Reconsideration, 33 FCC Rcd 1380, 1390-92, paras. 23-28 (2018)
(Phase II Auction Reconsideration Order); Connect America Fund, WC
Docket No. 10-90, Order, 34 FCC Rcd 10395 (WCB 2019) (adopting rules
and requirements necessary to implement this process, consistent with
the parameters set forth in the Phase II Auction Reconsideration Order
and prior Commission guidance for adjusting defined deployment
obligations) (ELAP Order). CAF Phase II Auction support recipients'
participation in this process is voluntary.
ELAP requires the one-time collection of location information for
all eligible locations within the state where the participant is
seeking an adjustment to its defined deployment obligation. Eligible
locations include every location qualifying for support (qualifying
locations) and may include additional locations within eligible areas
of the state that the participant will reserve as part of its defined
deployment obligations, even if such locations cannot be identified as
qualifying at the time of the ELAP process (prospective locations). The
total number of eligible locations reported by the participant cannot
exceed the participant's defined deployment obligation for the state.
Participants must also submit a description of its methods for
identifying all locations qualifying for support, as well as some
supporting evidence, such as copies of public records, aerial
photography, location information for non-eligible locations, or
similar evidence. Participants must certify the truth and accuracy of
this information.
The Bureau will announce which participants have met their prima
facie evidentiary standard, and the Universal Service Administrative
Company (USAC) will then use certain location information (address,
geocoordinates, number of units) filed by these participants to
populate a publicly available map (public ELAP Map).
Other interested parties deemed eligible to participate in ELAP
(stakeholders) may then challenge the accuracy and completeness of any
relevant participant's eligible location information. To file such a
challenge, stakeholders must submit alternative location information
(of the same kind and in the same format as required of the
participant), a brief description of the methods used to identify the
location as an eligible location, and supporting evidence.
Stakeholders include government entities (state, local, and Tribal)
as well as individuals or non-governmental entities with a legitimate
and verifiable interest in ensuring broadband service in the relevant
areas. Such stakeholders cannot hold a controlling interest in a
competitor of the relevant participant(s).
The Bureau will use a third-party commercial verifier to confirm
the eligibility of stakeholders who challenge a participant's location
information. The Bureau will also separately gather certain limited
information about these stakeholders (e.g., name and contact
information).
All ELAP information will be filed and maintained in a new module
within the High-Cost Universal Service Broadband Portal (HUBB) (OMB
Control No. 3060-1228). The module will permit centralization and
controlled access to ELAP information as well as maintenance of such
information.
The module will incorporate several features like those required
for reporting deployed location information in the HUBB. Specifically,
the module will have an automated validation system that will generate
error messages when the location information submitted by ELAP parties
fails to meet reporting parameters (such as redundancies, required file
type) as specified in the ELAP Order. Participants and stakeholders
will be able to pre-file information and correct, update, add, or
delete information prior to their respective filing deadline. The
module will have integrated instructions and guidance for submitting
information. To the extent practicable, the module will generate
notices where correction, supplementation, or redaction of information
is necessary.
Unlike deployed location information collected pursuant to OMB
Control No. 3060-1228, all ELAP information, including the description
of methods and supporting documentation as well as location data,
except the location data published in the public ELAP Map, will be
treated as presumptively confidential.
Federal Communications Commission.
Marlene Dortch,
Secretary,Office of the Secretary.
[FR Doc. 2020-14152 Filed 6-30-20; 8:45 am]
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