Information Collection Being Reviewed by the Federal Communications Commission
| Court | Federal Communications Commission |
| Citation | 88 FR 54318 |
| Published date | 10 August 2023 |
| Record Number | 2023-17257 |
| Section | Notices |
54318
Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1222; FR ID 162067]
Information Collection Being Reviewed
by the Federal Communications
Commission
AGENCY
: Federal Communications
Commission.
ACTION
: Notice and request for
comments.
SUMMARY
: As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
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.
DATES
: Written PRA comments should
be submitted on or before October 10,
2023. 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 PRA@
fcc.gov and to nicole.ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT
: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
SUPPLEMENTARY INFORMATION
: 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 PRA that
does not display a valid Office of
Management and Budget (OMB) control
number.
OMB Control Number: 3060–1222.
Title: Inmate Calling Services (ICS)
Provider Annual Reporting,
Certification, and Other Requirements,
WC Docket Nos. 23–62, 12–375, DA 23–
656.
Form Number(s): FCC Form 2301(a)
and FCC Form 2301(b).
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for-
profit.
Number of Respondents and
Responses: 30 respondents; 33
responses.
Estimated Time per Response: 5
hours–220 hours.
Frequency of Response: Annual
reporting and certification requirements,
third party disclosure and waiver
request requirements.
Obligation to Respond: Mandatory.
Statutory authority for this collection of
information is contained in sections 1,
2, 4(i)–(j), 5(c), 201(b), 218, 220, 225,
255, 276, 403, and 716 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i)–(j),
155(c), 201(b), 218, 220, 225, 255, 276,
403, and 617, and the Martha Wright-
Reed Just and Reasonable
Communications Act of 2022, Pub. L.
117–338, 136 Stat. 6156
Total Annual Burden: 9,690 hours.
Total Annual Cost: No cost.
Needs and Uses: In 2015, the
Commission released the Second Report
and Order and Third Notice of Further
Proposed Rulemaking, WC Docket No.
12–375, 30 FCC Rcd 12763 (2015 ICS
Order), in which it required that ICS
providers file Annual Reports providing
data and other information on their ICS
operations, as well as Annual
Certifications that reported data are
complete and accurate and comply with
the Commission’s ICS rules. Pursuant to
the authority delegated it by the
Commission in the 2015 ICS Order, the
Wireline Competition Bureau (WCB)
created a standardized reporting
template (FCC Form No. 2301(a)) and a
related certification of accuracy (FCC
Form No. 2301(b)), as well as
instructions to guide providers through
the reporting process. See ICS Annual
Reporting Form Word Template
(Current), WC Docket No. 12–375
https://www.fcc.gov/general/ics-data-
collections (last visited August 4, 2023)
(Word Template); ICS Annual Reporting
Form Excel Template (Current), WC
Docket No. 12–375, https://
www.fcc.gov/general/ics-data-
collections (last visited August 4, 2023)
(Excel Template); ICS Annual Reporting
and Certification Instructions (Current),
WC Docket No. 12–375 https://
www.fcc.gov/general/ics-data-
collections (last visited August 4, 2023)
(Instructions) (Certification
Instructions); ICS Annual Report
Certification Form (Current), WC Docket
No. 12–375, https://www.fcc.gov/
general/ics-data-collections (last visited
August 4, 2023) (Certification Form).
In 2021, the Commission released the
Third Report and Order, Order on
Reconsideration, and Fifth Further
Notice of Proposed Rulemaking WC
Docket No. 12–375, 36 FCC Rcd 9519
(2021). The Commission revised its
rules by adopting, among other things,
lower interim rate caps for interstate
calls, new interim rate caps for
international calls, and a new rate cap
structure that requires ICS providers to
differentiate between legally mandated
and contractually required site
commissions. The revisions also
included expanded consumer disclosure
requirements, as well as new reporting
requirements for providers seeking
waivers of the Commission’s interstate
and international rates.
In 2022, the Commission released the
Fourth Report and Order and Sixth
Further Notice of Proposed Rulemaking,
WC Docket No. 12–375, FCC 22–76
(Sept. 30, 2022). The Commission
adopted numerous requirements to
improve access to communications
services for incarcerated people with
communication disabilities and
expanded the scope of the Annual
Reports to reflect these new
requirements. Specifically, the
Commission required ICS providers to
report, at a minimum, for each facility
served, the types of telecommunications
relay services (TRS) that can be accessed
from the facility and the number of
completed calls and complaints for
TTY-to-TTY calls, ASL point-to-point
video calls, and each type of TRS for
which access is provided. The
Commission also eliminated the safe
harbor, adopted in 2015, that had
exempted ICS providers from any TRS-
related reporting requirements if they
either (1) operated in a facility that
allowed the offering of additional forms
of TRS beyond those mandated by the
Commission or (2) had not received any
complaints related to TRS calls. The
Commission found that the safe harbor
was no longer appropriate given the
expanded reporting requirement for
additional forms of TRS, and the
importance of transparency regarding
the state of accessible communications
in incarceration settings.
The Commission also specified a
number of provider obligations relating
to access to and the provision of TRS.
For instance, the Commission required,
among other things, that an ICS provider
must work with correctional authorities,
equipment vendors, and TRS providers
to ensure that screen-equipped
communications devices such as tablets,
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Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices
smartphones, or videophones are
available to incarcerated people who
need to use TRS for effective
communication, and all necessary TRS
provider software applications are
included, with any adjustments needed
to meet the security needs of the
institution. The Commission required
that providers ensure compatibility with
institutional communication systems
and allow operability over the inmate
calling services provider’s network.
On January 5, 2023, the President
signed into law the Martha Wright-Reed
Just and Reasonable Communications
Act of 2022, Public Law 117–338, 136
Stat. 6156 (the Martha Wright-Reed Act
or the Act), expanding the
Commission’s statutory authority over
communications services between
incarcerated people and the non-
incarcerated to include ‘‘any audio or
video communications service used by
inmates . . . regardless of the
technology used.’’ The new Act also
amends section 2(b) of the
Communications Act of 1934, as
amended (the Communications Act) to
make clear that the Commission’s
authority extends to intrastate as well as
interstate and international
communications services used by
incarcerated people.
The Act directs the Commission to
‘‘promulgate any regulations necessary
to implement’’ the statutory provisions,
including its mandate that the
Commission establish a ‘‘compensation
plan’’ ensuring that all rates and charges
for IPCS ‘‘are just and reasonable,’’ not
earlier than 18 months and not later
than 24 months after its January 5, 2023
enactment. The Act also requires the
Commission to consider, as part of its
implementation, the costs of
‘‘necessary’’ safety and security
measures, as well as ‘‘differences in
costs’’ based on facility size, or ‘‘other
characteristics.’’ It also allows the
Commission to ‘‘use industry-wide
average costs of telephone service and
advanced communications services and
the average costs of service a
communications service provider’’ in
determining just and reasonable rates.
On March 17, 2023, pursuant to the
directive that the Commission
implement the new Act and establish
just and reasonable rates for IPCS
services, the Commission released
Incarcerated People’s Communications
Services; Implementation of the Martha
Wright-Reed Act; Rates for Interstate
Inmate Calling Services, WC Docket
Nos. 23–62, 12–375, Notice of Proposed
Rulemaking and Order, FCC 23–19, 88
FR 20804 (2023 IPCS Notice) and 88 FR
19001 (Order) (2023 IPCS Order). The
Commission sought comment on how to
interpret the Act’s language to ensure
that the Commission implements the
statute in a manner that fulfills
Congress’s intent. Because the
Commission is now required or allowed
to consider certain types of costs, the
Act contemplates that it would
undertake an additional data collection.
To ensure that it has the data necessary
to meet its substantive and procedural
responsibilities under the Act, the
Commission adopted the 2023 IPCS
Order delegating authority to WCB and
the Office of Economics and Analytics
(OEA) to modify the template and
instructions for the most recent data
collection to the extent appropriate to
timely collect such information to cover
the additional services and providers
now subject to the Commission’s
authority. On April 28, 2023, WCB and
OEA issued a Public Notice seeking
comment on all aspects of the proposed
data collection. WCB and OEA Seek
Comment on Proposed 2023 Mandatory
Data Collection for Incarcerated
People’s Communication Services, WC
Docket Nos. 23–62, 12–375, Public
Notice, DA 23–355 (WCB/OEA Apr. 28,
2023). On July 26, 2023, WCB and OEA
released an Order adopting instructions,
a reporting template, and a certification
form to implement the 2023 Mandatory
Data Collection. Incarcerated People’s
Communications Services;
Implementation of the Martha Wright-
Reed Act, Rates for Interstate Inmate
Calling Services, WC Docket Nos. 23–62,
12–375, Order, DA 23–638 (July 26,
2023).
In the 2023 IPCS Order, the
Commission also reaffirmed and
updated its prior delegation of authority
to WCB and the Consumer and
Governmental Affairs Bureau (CGB)
(collectively, the Bureaus) to revise the
instructions and reporting templates for
the Annual Reports. Specifically, the
Commission delegated to the Bureaus
the authority to modify, supplement,
and update the instructions and
templates for the Annual Reports, as
appropriate, to supplement the
information the Commission will
receive in response to the 2023
Mandatory Data Collection.
On August 3, 2023, the Bureaus
issued a Public Notice seeking comment
on proposed revisions to the
instructions, template, and certification
form for the Annual Reports, https://
www.fcc.gov/proposed-2023-ipcs-
annual-reports, which are necessary to
reflect the revised rules improving
access to communications services for
incarcerated people with
communication disabilities adopted in
the 2022 ICS Order and to help
implement the Martha Wright-Reed Act
to ensure just and reasonable rates for
consumers and fair compensation for
providers. Wireline Competition Bureau
and Consumer and Governmental
Affairs Bureau Seek Comment on
Revisions to IPCS Providers’ Annual
Reporting and Certification
Requirements, Public Notice, WC
Docket Nos. 23–62, 12–375, DA 23–656
(Aug. 3, 2023). https://www.fcc.gov/
document/2023-incarcerated-peoples-
communications-services-annual-
reports-pn.
Notice of this document will be
published in the Federal Register. The
Bureaus will consider comments
submitted in response to the Public
Notice in addition to comments
submitted in response to this 60-Day
Notice in finalizing this information
collection prior to submitting the
documents to the Office of Management
and Budget.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
[FR Doc. 2023–17257 Filed 8–9–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[Docket Number CDC–2023–0057, NIOSH–
156–F]
Request for Public Comment on the
Draft Immediately Dangerous to Life or
Health (IDLH) Value Document for
Hydrogen Chloride
AGENCY
: Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION
: Request for comment.
SUMMARY
: The National Institute for
Occupational Safety and Health
(NIOSH) in the Centers for Disease
Control and Prevention (CDC), an
Operating Division of the Department of
Health and Human Services (HHS),
requests public comment and technical
review on the draft Immediately
Dangerous to Life or Health (IDLH)
Value Profile document for the chemical
hydrogen chloride (CAS# 7647–01–0).
DATES
: Electronic or written comments
must be received by October 10, 2023.
ADDRESSES
: You may submit comments,
identified by docket number CDC–
2023–0057 and docket number NIOSH–
156–F, by either of the following
methods:
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