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Pleading Cycle Established for Comments on Review of Wireline Competition Bureau Data Practices

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Released: September 27, 2010

PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Washington, D.C. 20554

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

DA 10-1189

Released: June 29, 2010

PLEADING CYCLE ESTABLISHED FOR COMMENTS ON REVIEW OF WIRELINE

COMPETITION BUREAU DATA PRACTICES

WC Docket No. 10-132

COMMENTS DUE:

August 13, 2010
REPLY COMMENTS DUE: September 13, 2010

As part of the agency's reform agenda to improve its fact-based, data-driven decision making, the
Wireline Competition Bureau (Bureau) is initiating an examination of its data practices to improve the
way the Commission collects, uses and disseminates data. By this Public Notice, and concurrent with
similar assessments initiated by the Wireless Telecommunications Bureau and the Media Bureau, the
Bureau seeks public comment, proposals and recommendations relating to its collection, use and
dissemination of data. Specifically, the Bureau seeks recommendations on:
(A) The utility and rationale for each of its existing data collections.1 Specifically:
(i) which data collections it should continue collecting;
(ii) what alterations should be made to specific data items collected; and
(iii) which data collections the Bureau can eliminate without reducing the effectiveness of its
decision making.
To facilitate comment, a working inventory of the Bureau's data collections is available at
http://reboot.fcc.gov/data/review/.2 The working inventory is sorted by responsible division and by


1 For the purposes of this Public Notice, we define "data collection" in the broadest manner possible, to include all
information collections approved by the Office of Management and Budget under the Paperwork Reduction Act,
including data that the Commission formally requires to be submitted and all information that must be retained by
parties or disclosed to others. In addition to the working inventory of the Bureau's data collections available at
http://reboot.fcc.gov/data/review/, further information on the Bureau's OMB-approved information collections is
available at http://www.reginfo.gov/public/do/PRASearch. Also included in the scope of the review are all non-
mandatory submissions to the Commission, including tariffs, contracts and reports and all data purchased by the
Commission.
2 We also seek comment on any data collections not identified in the working inventory.

ascending OMB PRA number, where applicable. We encourage parties commenting on the continuation,
alteration, or elimination of data collections to use this organizational structure in their comments.
(B) The Bureau also seeks comment on additional data that commenters believe the Bureau needs
to inform Commission policymaking activities. The Bureau requests that commenters focus their efforts
on identifying data that the Commission has not previously recognized it must obtain, rather than
reiterating the need for collections that already are under consideration (e.g., the need to collect data
relevant to broadband availability, adoption and competition).3 Commenters should identify and explain
in detail the rationale for:
(i) additional data that should be collected;
(ii) the purpose[s] for which the Bureau should collect the data;
(iii) the method[s] through which the Bureau should collect the data (e.g., via purchase from
third parties, primary research, new forms, and so forth);
(iv) expected costs and burdens to the Bureau, industry and the public; and
(v) any confidentiality or other issues that would impact the Bureau's collection or reporting
of the data.
(C) The Bureau also seeks comment on how it may improve collection and analysis processes for
existing collections. In particular, the Bureau seeks recommendations on how it can reduce production
burdens by use of technology or improved practices. Commenters should identify and explain in detail
the rationale for:
(i) data collections that could be improved (including OMB PRA number, if applicable);
(ii) proposed improvements and how they could be implemented;
(iii) expected reduction in burdens or cost savings to the Bureau, industry or the public;
(iv) data analysis and practices that the Bureau should undertake, the capabilities required to
do so, and the anticipated benefits each proposed improvement provides to the Bureau's
data collection, use and analysis; and
(v) any confidentiality or other issues that would impact the Bureau's implementation of the
proposed improvements.
(D) Finally, the Bureau seeks recommendations on how it may improve dissemination of reports
and analyses it produces. In this regard, the Bureau also seeks comment on how it should implement the
National Broadband Plan recommendations that (1) the Commission have a "general policy of making the
data it collects available to the public, including via the Internet in a broadband data depository, except in
certain circumstances such as when the data are competitively sensitive or protected by copyright," and
(2) "the FCC should implement a process to make additional data that is not accessible by the public


3 Omnibus Broadband Initiative, Federal Communications Commission, Connecting America: The National
Broadband Plan
(2010) (National Broadband Plan) at 43-44.
2

available to academic researchers and others, subject to appropriate restrictions to protect confidentiality
of competitively sensitive materials."4 Commenters should identify and explain in detail the rationale for:
(i) Bureau reports or data for which access or dissemination could be improved;
(ii) proposals for improving access or dissemination, (e.g., for data which is claimed to be
proprietary in nature);
(iii) expected burdens, costs, or cost savings to the Bureau, industry or the public; and
(iv) any confidentiality or other issues that would impact the Bureau's implementation of the
improvements.
Interested parties may file comments on or before

August 13, 2010

, and reply comments on or
before

September 13, 2010

. Filings in this proceeding should be captioned "WCB Data Review," and
filed in

WC Docket No. 10-1189

.
All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW, Suite TW-A325, Washington, DC
20554. A courtesy copy should be e-mailed to steven.rosenberg@fcc.gov. One copy must also be sent
to Best Copy and Printing, Inc., Portals II, 445 12th Street SW, Suite CY-B402, Washington, DC 20554,
telephone 202-488-5300, facsimile 202-488-5563, or via e-mail at fcc@bcpiweb.com.
Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or
by filing paper copies.

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the
website for submitting comments.

For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this
proceeding, filers must transmit one electronic copy of the comments for each docket or
rulemaking number referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov
and include the following words in the body of the message: get form <your email
address>. A sample form and directions will be sent in response.

Paper Filers: Parties who choose to file by paper must file an original and four copies of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.

Parties are strongly encouraged to file comments electronically using the Commission's
ECFS.



4 Id. at 44.
3

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at 445 12th Street, SW, Room TW-A325,
Washington, DC 20554. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building. The filing
hours are Monday through Friday, 8:00 a.m. to 7:00 p.m.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th
Street, SW, Washington, DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Filings and comments are also available for public inspection and copying during regular
business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Room CY-
A257, Washington, DC 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402, Washington,
DC, 20554, telephone 202-488-5300, facsimile 202-488-5563, or via e-mail at fcc@bcpiweb.com.
This Public Notice establishes certain procedural requirements relating to this data review. This
matter raises issues upon which the public has a demonstrable concern. Accordingly, this review shall be
treated as a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules.5
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations
must contain summaries of the substance of the presentations and not merely a listing of the subjects
discussed. More than a one- or two-sentence description of the views and arguments presented generally
is required.6 Other rules pertaining to oral and written ex parte presentations in permit-but-disclose
proceedings are set forth in section 1.1206(b) of the Commission's rules.7
For further information, contact Steven Rosenberg of the Wireline Competition Bureau at (202)
418-1500, or via e-mail at steven.rosenberg@fcc.gov.
- FCC -


5
See 47 C.F.R. 1.1200, 1.1206.
6
See 47 C.F.R. 1.1206(b).
7
See id.
4

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