[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67363-67364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27581]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) Being Reviewed by the
Federal Communications Commission, Comments Requested
October 22, 2010.
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, 44 U.S.C. 3501-3520. 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; (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, and (e)
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 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 currently valid OMB control number.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before January 3, 2011. If you anticipate that you will
be submitting PRA comments, but find it difficult to do so within the
period of time allowed by this notice, you should advise the FCC
contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via fax at 202-395-5167 or via the Internet at
[email protected] and to the Federal Communications
Commission via e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Judith B. Herman, OMD, 202-418-0214 or e-mail [email protected].
SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0809.
Title: Communications Assistance for Law Enforcement Act (CALEA).
Form No.: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit.
Number of Respondents and Responses: 200 respondents; 285
responses.
Estimated Time per Response: 12 hours average (range of 7.5 hours-
80 hours).
Frequency of Response: On occasion reporting requirement and third
party disclosure requirement.
Obligation To Respond: Mandatory. Statutory authority for this
information collection is contained in sections 105, 107(c), 109(b) and
301 of the Communications Assistance for Law Enforcement Act (CALEA),
47 U.S.C. sections 1004, 1006(c), 1008(c), and 229.
Total Annual Burden: 3,475 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality: Pursuant to section 0.457(g)
of the Commission's rules, the information in the CALEA security system
filings and petitions will not be made routinely available for public
inspection.
Section 107(c) and section 109(c) filings are entitled to
confidential treatment under the Freedom of Information Act (FOIA). The
Commission has directed respondents to file their petitions under a
general claim of confidentiality or proprietary protection, subject
only to scrutiny by the Commission and the Attorney General who is
consulted in section 107(c) adjudications and is a party to all section
109(c) adjudications.
Needs and Uses: The Commission will submit this revised collection
to the Office of Management and Budget (OMB) after this comment period
to
[[Page 67364]]
obtain the full three-year approval from them. The Commission is
revising this information collection to eliminate the recordkeeping
burden estimated associated in 47 CFR 1.20004. This estimate has been
eliminated by 1,655 hours because the nature and extent of the
requirement is usual and customary. Telecommunications carriers must
keep such records to demonstrate that they are in compliance with
Federal and State wiretapping laws and regulations that have existed
for the past 40 years.
The Communications Assistance for Law Enforcement Act (CALEA)
requires the Commission to create rules that regulate the conduct and
recordkeeping of lawful electronic surveillance. CALEA was enacted in
October 1994 to respond to rapid advances in telecommunications
technology and eliminates obstacles faced by law enforcement personnel
in conducting electronic surveillance. Section 105 of CALEA requires
telecommunications carriers to protect against the unlawful
interception of communications passing through their systems. Law
enforcement officials use the information maintained by
telecommunications carriers to determine the accountability and
accuracy of telecommunications carriers' compliance with lawful
electronic surveillance orders.
On May 12, 2006, the Commission adopted and released a Second
Report and Order and Memorandum Opinion and Order in ET Docket No. 04-
195, FCC 06-56, which became effective August 4, 2006, except for
sections 1.20004 and 1.20005 of the Commission's rules, which became
effective on February 12, 2007. The Second Report and Order established
new guidelines for filing section 107(c) petitions, section 109(b)
petitions, and monitoring reports (formerly FCC Form 445). CALEA
section 107(c)(1) permits a petitioner to apply for an extension of
time, up to two years from the date that the petition is filed, and to
come into compliance with a particular CALEA section 103 capability
requirement. CALEA section 109(b) permits a telecommunications carrier
covered by CALEA to file a petition with the FCC and an application
with the Department of Justice (DoJ) to request that DoJ pay the costs
of the carrier's CALEA compliance (cost-shifting relief) with respect
to any equipment, facility or service installed or deployed after
January 1, 1995. The Second Report and Order required several different
collections of information:
(1) Within 90 days of the effective date of the Second Report and
Order, facilities based broadband Internet access and interconnected
Voice over Internet Protocol (VoIP) providers newly identified in the
First Report and Order in this proceeding were required to file system
security statements under the Commission's rules. (Security systems are
currently approved under this information collection.)
(2) All telecommunications carriers, including broadband Internet
access and interconnected VoIP providers, must file updates to their
systems security statements on file with the Commission as their
information changes.
(3) Petitions filed under Section 107(c), requires for additional
time to comply with CALEA; these provisions apply to all carriers
subject to CALEA and are voluntary filings.
(4) Section 109(b), request for reimbursement of CALEA; these
provisions apply to all carriers subject to CALEA and are voluntary
filings.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-27581 Filed 11-1-10; 8:45 am]
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