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Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget

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Start Preamble July 17, 2007.


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, 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.


Written Paperwork Reduction Act (PRA) comments should be submitted on or before September 24, 2007. 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.


Direct all PRA comments to Jasmeet K. Seehra, Office of Management and Budget, Room 10236 NEOB, Washington, DC 20503, (202) 395-3123, or via fax at 202-395-5167 or via Internet at and to, Federal Communications Commission, Room 1-B441, 445 12th Street, SW., DC 20554 or an e-mail to If you would like to obtain or view a copy of this information collection after the 60 day comment period, you may do so by visiting the FCC PRA Web page at:​omd/​pra.

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For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at

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OMB Control Number: 3060-0975.

Title: Promotion of Competitive Networks in Local Telecommunications Networks.

Form No.: N/A.

Type of Review: Extension of a currently approved collection.

Respondents: Business or other for-profit, not-for-profit institutions, Federal Government, and state, local and tribal government.

Number of Respondents: 6,421 respondents; 6,421 responses.

Estimated Time per Response: 10 hours.

Frequency of Response: On occasion reporting requirement and third party disclosure requirement.

Obligation to Respond: Required to obtain or retain benefits.

Total Annual Burden: 571,350 hours.

Total Annual Cost: N/A.

Privacy Act Impact Assessment: N/A.

Nature and Extent of Confidentiality: There is no need for confidentiality.

Needs and Uses: The Commission will submit this extension to the OMB after this 60-day comment period to obtain the full three-year clearance from them. There is no change in the number of respondents, responses, and/or burden hours.

On October 2000, the Federal Communications Commission adopted and released several rulemakings to foster competition in local communications markets by implementing measures to ensure that competing telecommunications providers are able to provide services to customers in multiple tenant environments (“MTEs”).

Specifically, the rulemakings require the following: (1) Prohibited carriers from entering into contracts that restrict or effectively restrict a property owner's ability to permit entry by competing carriers; (2) established procedures to facilitate moving the demarcation point to the minimum point of entry (“MPOE”) at the building owner's request, and requires incumbent local exchange carriers (“LECs”) to timely disclose the location of existing demarcation points where they are not located a the MPOE; (3) determined that, under Section 224 of the Communications Act, utilities, including LECs, must afford telecommunications carriers and cable service providers reasonable and nondiscriminatory access to conduits and right-of-way located in customer buildings and campuses, to the extent such conduits and rights-of-way are owned or controlled by the utility; and (4) extended to antennas that receive and transmit telecommunications and other fixed wireless signals the existing prohibition of restrictions that impair the installation, maintenance or use of certain video antennas on property within the exclusive use or control of the antenna user, where the user has a direct or indirect ownership or leasehold interest in the property.Start Printed Page 40883

The demarcation point burden consists of two components. (1) The LEC shall make available information on the location of demarcation point within ten business days of a request from the premises owner (location information); and (2) At the time of installation, the LEC shall fully inform the premises owner of its options and rights regarding the placement of the demarcation point or points (options information).

The OTARD portion of this information collection relates to the revisions of the Commission's rules regarding Over-the-Air Reception Devices (“OTARDs”), 47 CFR 1.4000. Under those revisions, as a condition of invoking protection under 47 CFR 1.4000 from government, landlord, and association restrictions, a licensee must ensure that subscriber antennas are labeled to give notice of potential radio frequency safety hazards of these antennas. Labeling information should include minimum separation distances required between users and radiating antennas to meet the Commission's radio frequency exposure guidelines. Labels should also reference to the Commission's applicable radio frequency exposure guidelines and should use the ANSI-specified warning symbol for frequency exposure. In addition, the instruction manuals and other information accompanying subscriber transceivers should include a full explanation of the labels, as well as a reference to the applicable Commission radiofrequency exposure guidelines.

The availability of this information will give notice to the public—particularly to purchasers of OTARD dishes—of potential radiofrequency safety hazards of OTARD antennas used for telecommunications service. Thus, this information will help ensure that these antennas comply with the Commission's limits on radio frequency exposure.

This information will facilitate efficient interaction between premises owners and LECs regarding the placement of the demarcation point, which marks the end of wiring under control of the LEC and the beginning of wiring under the control of the premises owner or subscriber. The demarcation point is a critical point of interconnection where competitive LECs can gain access to the inside wiring of the building to provide service to customers in the building. This collection will also help ensure that customer-end antennas used for telecommunications service comply with the Commission's limits on radio frequency exposure, and it will provide the Commission with information on the state of the market. In short, this information will be used to foster competition in local telecommunications markets by ensuring that competing telecommunications providers are able to provide services to customers in multiple tenant environments (MTEs).

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Federal Communications Commission.

Marlene H. Dortch,


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[FR Doc. E7-14382 Filed 7-24-07; 8:45 am]