[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Notices]               
[Page 47929-47930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-70]                         

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FEDERAL COMMUNICATIONS COMMISSION

 
Notice of Public Information Collection(s) Being Submitted to OMB 
for Review and Approval.

July 30, 2004.
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 (PRA) of 1995, Pub. L. No. 104-13. 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 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.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before September 7, 2004. 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 Paperwork Reduction Act (PRA) comments to Les 
Smith, Federal Communications Commission, Room 1-A804, 445 12th Street, 
SW., Washington, DC 20554 or via the Internet to Leslie.Smith@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Les Smith at (202) 418-0217 
or via the Internet at Leslie.Smith@fcc.gov.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0787.
    Title: Implementation of the Subscriber Carrier Selection Changes 
Provisions of the Telecommunications Act of 1996, Policies and Rules 
Concerning Unauthorized Changes of Consumers' Long Distance Carriers, 
CC Docket No. 94-129.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or household; Business or other for-
profit. entities; and State, local, or tribal Government.
    Number of Respondents: 35,036.
    Estimated Time per Response: 1-10 hours.
    Frequency of Response: Recordkeeping; On occasion and biennial 
reporting requirements; Third party disclosure.
    Total Annual Burden: 146,794 hours.
    Total Annual Cost: $51,187,500.
    Privacy Impact Assessment: Yes.
    Needs and Uses: On March 17, 2003, the FCC released the Third Order 
on Reconsideration and Second Further Notice of Proposed Rulemaking, CC 
Docket No. 94-129, FCC 03-42 (Third Order on Reconsideration), in which 
the Commission revised and clarified certain rules to implement section 
258 of the 1996 Act. On May 23, 2003, the Commission also released an 
Order (CC Docket No. 94-129, FCC 03-116) clarifying certain aspects of 
the Third Order on Reconsideration. The rules and requirements 
implementing section 258 can be found primarily at 47 CFR part 64. The 
modified and revised rules will strengthen the ability of our rules to 
deter slamming, while protecting consumers from carriers that may take 
advantage of consumer confusion over different types of 
telecommunications services. This Third Order on Reconsideration also 
contains a Further Notice of Proposed Rulemaking, in which we seek 
comment on rule modification with respect to third party verifications. 
On July 16, 2004, the Commission released the First Order on 
Reconsideration and Fourth Order on Reconsideration, CC Docket Nos. 94-
129 and 00-257, FCC 04-153 (Reconsideration Order), which the 
Commission modified rule 64.1120(e)(3)(iii). As noted, when subscribers 
are switched between carriers as a result of a negotiated sale or 
transfer or the exiting carrier's bankruptcy, we believe the acquiring 
carrier should generally be responsible for carrier change charges 
associated with a negotiated sale or transfer. However, while we 
maintain this general rule rather than adopting either SBC's or 
Verizon's proposed modifications, we do adopt one minor modification to 
the rule for particular, limited circumstances. Specifically, when an 
acquiring carrier acquires customers by default--other than through 
bankruptcy--and state law would require the exiting carrier to pay 
these costs, we will require the exiting carrier to pay such costs to 
meet our streamlined slamming rules. The change in the rule does not 
impose any new or modified information collection requirements. The 
modification to rule 47 CFR 64.1120(e)(3)(iii) does not affect the 
existing annual hourly and cost changes.

    OMB Control Number: 3060-0966.
    Title: Sections 80.385, 80.475, and 90.303, Automated Marine 
Telecommunications Service (AMTS).
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Businesses or other for-profit entities, and 
Individuals or households.
    Number of Respondents: 20.
    Estimated Time per Response: 0.50 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure.
    Total Annual Burden: 10 hours.
    Total Annual Cost: N/A.

[[Page 47930]]

    Privacy Impact Assessment: Yes.
    Needs and Uses: The reporting and/or recordkeeping requirements are 
for both AMTS and amateur radio operators (or ``ham operators''), who 
share AMTS spectrum. The Automated Maritime Telecommunications System 
(AMTS) is a specialized system of coast stations providing integrated 
and interconnected marine voice and data communications, somewhat like 
a cellular phone system for tugs, barges, and other vessels on these 
waterways. The amateur radio operators (``ham operators'') use some of 
the same frequencies (219-220 MHz) as AMTS stations on a secondary, 
non-interference basis for digital message forwarding systems. The 
reporting requirements, as established in 47 CFR 80.383 and 97.303, 
require amateur radio licensees (``ham operators''), who participate in 
point-to-point fixed digital message forwarding systems, such as 
intercity packet backbone networks, and who operate within 398 miles 
(640 kms) of an AMTS coast station, to notify AMTS station licensees in 
writing. The amateur radio licensees must give: (1) Their station's 
specific geographic location for the transmission, and (2) their 
station's technical characteristics, including transmitter type, 
operating frequencies, emissions, transmitter output power, and antenna 
arrangement. This notification must be submitted at least 30 days prior 
to the initiation of the amateur radio licensee's operations in the 
219-220 MHz. In addition, under 47 CFR 80.475, applicants and licensees 
of Automated Maritime Telecommunications System (AMTS) coast stations 
must notify two organizations--the American Radio Relay League (ARRL) 
and the Interactive Systems, Inc. (ISI), of the location of the AMTS 
fill-in stations. ARRL and Interactive Systems, Inc. maintain databases 
of AMTS locations for the benefit of amateur radio operators. These 
notification requirements insure that any amateur radio operator 
seeking to commence operations within close proximity of an AMTS 
station will not cause any interference to an AMTS licensee. Amateur 
radio licensees also must give the ARRL written notification of the 
geographic location of a station at least 30 days prior to transmitting 
in the 219-220 MHz band. As a ``station in a secondary service,'' 
amateur stations must accept any harmful interference from AMTS 
operations. Furthermore, under 47 CFR 80.475, AMTS licensees are 
permitted to operate fill-in stations. While no prior FCC authorization 
is required to construct and operate an AMTS fill-in station, at the 
time the station is added, the AMTS licensee must make a record of the 
station's technical and administrative information, and upon request, 
supply such information to the FCC. The station must also send 
notification of the station's location to the ARRL and the ISI. In 
general, the notification process(es) functions without the FCC's 
direct involvement, except as required by 47 CFR 80.475, the AMTS 
station licensee must maintain a record of the station's technical and 
administrative functions and also provide a copy to the FCC upon 
request. The records of amateur radio operators include information 
about individuals or households, and the use(s) and disclosure of this 
information is governed by the requirements of a system of records, 
FCC/WTB-1, ``Wireless Services Licensing Records.'' However, the FCC 
makes all information about amateur radio operators publicly available 
on its Universal Licensing System (ULS) Web page, except that the 
amateur operator's telephone number(s) and his/her e-mail address(es) 
are redacted. The public is entitled to download this public 
information, although ULS does not contain the locations of the amateur 
radio transmitters, information which amateur radio operators (``ham 
operators'') have to provide to ARRL and to the AMTS licensees.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-18048 Filed 8-5-04; 8:45 am]

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