*Pages 1--2 from Microsoft Word - 39223* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 04- 1705 June 15, 2004 OET Equipment Authorization System Upgrade Permits Electronic Submittal of Short- Term Confidentiality Requests An upgrade to the Office of Engineering and Technology’s (OET) Equipment Authorization System will be implemented effective 06/ 15/ 2004. This upgrade will provide additional flexibility for electronic submittal of requests for confidentiality of certain commercially sensitive information that is submitted in conjunction with applications for equipment authorization. Pursuant to the provisions of Sections 0.457 and 0.459 of the Commission’s rules (47 CFR §§ 0.457, 0.459), the Office of Engineering and Technology currently accepts requests to hold in confidence certain attachments to the electronic Application for Equipment Authorization (Form 731). These requests are granted indefinitely, and are strictly reserved for limited types of technical information. The new electronic process will include a provision for temporary confidentiality for certain additional portions of an application for equipment authorization. This will give manufacturers and distributors the ability to import and/ or distribute devices following equipment authorization, while maintaining the confidentiality of detailed technical information about the product prior to product launch. Electronic submittal of a request for such confidentiality will ensure expedited approval and will make it less burdensome for manufacturers and distributors to comply with the marketing regulations in 47 CFR §2.803 and the importation rules in 47 CFR §2.1204, while ensuring that business sensitive information remains confidential until the actual marketing of newly authorized devices. Such confidentiality will extend for 45 days from the date of the Grant of Equipment Authorization, and, absent any other action, the subject exhibits will be automatically placed on the public database at the end of this period. However, if prior to the expiration of the 45 day period, an applicant engages in public marketing activities or otherwise publicizes a device for which temporary confidential treatment has been granted, the applicant must coincidentally notify the FCC or the TCB issuing the equipment authorization so that the subject exhibits may be placed in the public database immediately. 1 2 This limited confidentiality will be granted for the following exhibit types when an applicant requests and justifies such confidentiality in conjunction with the Form 731, or a TCB submits such information and justification in conjunction with the TC Form 731: External Photos, Test Setup Photos, Block Diagram, Schematics, User’s Manual, Internal Photos, Parts List / Tune- up Procedures, and Operational Description. Exhibits containing certain types of technical information (e. g. Block diagram, Schematics, Parts List / Tune up Procedures, and Operational Description) that have heretofore been granted indefinite confidential treatment will continue to be so treated upon request. The confidentiality fee described in 47 CFR §1.1103 must be submitted with the Form 731; however, only one confidentiality fee per FCCID is charged regardless of the length of the confidentiality request. If an applicant requires more than the original grant of confidentiality of 45 days, the applicant can request an extension of the limited confidentiality for an additional 45 days. To do so, the applicant must notify the FCC, or the TCB that issued the grant, a minimum of 7 calendar days prior to the expiration of the original 45 day grant of confidentiality. The existing procedures for electronic requests for confidentiality for an indefinite time period, based on the regulations in 47 CFR §0.459, are unaffected by this upgrade, and applicants may continue to avail themselves of this procedure. Please direct any questions regarding the procedures for electronic submittal for Short-Term Confidentiality to eapninquiry@ fcc. gov. FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT Pursuant to the provisions of the Paperwork Reduction Act of 1995 (5 CFR Section 1320), the information collection FCC Form 731 have been approved under OMB Control Number 3060- 0057, and for FCC Form 731- TC under OMB Control Number 3060- 0934. The estimated time per response for 3060- 0057 (FCC Form 731) is 18 to 30 hours, and the estimated time per response for 3060- 0934 (FCC Form 731- TC) is 2 to 6 hours. The estimated response burden( s) include the time for reviewing instructions, searching existing data sources, gathering and maintaining the required data, and completing and reviewing the collection of information. If you have any comments on the burden estimate( s), or how we can improve the collection( s) and reduce the burden( s), please write to Les Smith, Federal Communications Commission, Room 1- A804, 445 12 th Street, SW, Washington, DC, 20554. Please include the OMB Control Number( s): 3060- 0057 (FCC Form 731) and/ or 3060- 0934 (FCC Form 731- TC), in your correspondence. We will also accept your comments regarding the Paperwork Reduction Act aspects of the collection( s) via the Internet if you send them to Leslie. Smith@ fcc. gov or call (202) 418- 0217. Do not send completed forms to this address. Under 5 CFR Section 1320, an agency may not conduct or sponsor a collection of information unless it displays a current 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. The OMB Control Number for FCC Form 731 is 3060- 0057, and the OMB Control Number for FCC Form 731- TC is 3060- 0934. THE FORGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, PUBLIC LAW 104- 13, OCTOBER 1, 1995, 44 U. S. C. SECTION 3507. 2