[Federal Register: January 3, 2008 (Volume 73, Number 2)]
[Notices]
[Page 490-491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja08-38]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
December 21, 2007.
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, as required by the Paperwork
Reduction Act of 1995, Public Law 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 (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.
DATES: Written Paperwork Reduction Act (PRA) comments should be
submitted on or before February 4, 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 contacts
listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov
or via fax at (202) 395-5167 and 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 on 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, (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 contact
Jerry Cowden at 202-418-0447.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0809.
Title: Communications Assistance for Law Enforcement Act (CALEA).
Form Number: Not applicable.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 250 respondents; 350
responses.
Estimated Time per Response: 17.93 hours average (range of 7.5 to
80 hours).
Frequency of Response: On occasion reporting requirements,
recordkeeping requirement and third party disclosure.
Obligation To Respond: Mandatory for system security filings and
voluntary for section 107(c) and 109(b) petitions.
Total Annual Burden: 6,275 hours.
Total Annual Costs: Not applicable.
Nature and Extent of Confidentiality: Neither CALEA system security
filings nor section 107(c) and 109(b) petitions are made available to
the public.
Privacy Impact Assessment: No impact.
Needs and Uses: 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
[[Page 491]]
rapid advances in telecommunications technology and eliminate 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 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 when
OMB approved their information collection requirements. The Second
Report and Order established new guidelines for filing section 107(c)
petitions, section 109(b) petitions, and monitoring reports (FCC Form
445). The monitoring reports were required on only one occasion and no
renewal of that requirement is necessary. 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 telecommunication 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:
(a) Within 90 days of the effective date of the Second Report and
Order, facilities based broadband Internet access and interconnected
Voice over Interconnected 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 (system
security statements are currently approved under the existing OMB 3060-
0809 information collection).
(b) 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.
(c) Petitions filed under section 107(c), request for additional
time to comply with CALEA; these provisions apply to all carriers
subject to CALEA and are voluntary filings.
(d) Section 109(b), request for reimbursement of CALEA; these
provisions apply to all carriers subject to CALEA and are necessary for
carriers seeking relief under this section of the CALEA statute.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-25513 Filed 1-2-08; 8:45 am]
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