Notice2021-14346
Information Collection Being Submitted for Review and Approval to Office of Management and Budget
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2021
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, 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. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it can further reduce the information collection burden for small business concerns with fewer than 25 employees.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35507-35509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14346]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0519; FR ID 35990]
Information Collection Being Submitted for Review and Approval to
Office of Management and Budget
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
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. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
can further reduce the information collection burden for small business
concerns with fewer than 25 employees.
DATES: Written comments and recommendations for the proposed
information collection should be submitted on or before August 5, 2021.
ADDRESSES: Comments should be sent to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Your comment must be submitted into
<a href="http://www.reginfo.gov">www.reginfo.gov</a> per the above instructions for it to be
[[Page 35508]]
considered. In addition to submitting in <a href="http://www.reginfo.gov">www.reginfo.gov</a> also send a
copy of your comment on the proposed information collection to Cathy
Williams, FCC, via email to <a href="/cdn-cgi/l/email-protection#7f2f2d3e3f191c1c51181009"><span class="__cf_email__" data-cfemail="df8f8d9e9fb9bcbcf1b8b0a9">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#571436233f2e79003e3b3b3e363a241731343479303821"><span class="__cf_email__" data-cfemail="185b796c7061364f7174747179756b587e7b7b367f776e">[email protected]</span></a>.
Include in the comments the OMB control number as shown in the
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR)
submitted to OMB: (1) Go to the web page <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>, (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 and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: The Commission may not conduct or sponsor a
collection of information unless it displays a currently valid Office
of Management and Budget (OMB) 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 OMB
control number.
As part of its continuing effort to reduce paperwork burdens, as
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to
take this opportunity to comment on the following information
collection. 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 estimates; (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. Pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks
specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
OMB Control Number: 3060-0519.
Title: Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, CG Docket No. 02-278.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Individuals or
households; Not-for-profit institutions.
Number of Respondents and Responses: 169,369 respondents;
191,628,905 responses.
Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
Frequency of Response: Annual, monthly, on occasion and one-time
reporting requirements; Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for the information collection requirements are
found in the Telephone Consumer Protection Act of 1991 (TCPA), Public
Law 102-243, December 20, 1991, 105 Stat. 2394, which added Section 227
of the Communications Act of 1934, [47 U.S.C. 227] Restrictions on the
Use of Telephone Equipment.
Total Annual Burden: 3,251,008 hours.
Total Annual Cost: $1,357,200.
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's system of
records notice (SORN), FCC/CGB-1, ``Informal Complaints and
Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the
Commission also published a SORN, FCC/CGB-1 ``Informal Complaints,
Inquiries, and Requests for Dispute Assistance'', in the Federal
Register on August 15, 2014 (79 FR 48152) which became effective on
September 24, 2014. A system of records for the do-not-call registry
was created by the Federal Trade Commission (FTC) under the Privacy
Act. The FTC originally published a notice in the Federal Register
describing the system. See 68 FR 37494, June 24, 2003. The FTC updated
its system of records for the do-not-call registry in 2009. See 74 FR
17863, April 17, 2009.
Privacy Impact Assessment: Yes.
Needs and Uses: The reporting requirements included under this OMB
Control Number 3060-0519 enable the Commission to gather information
regarding violations of section 227 of the Communications Act, the Do-
Not-Call Implementation Act (Do-Not-Call Act), and the Commission's
implementing rules. If the information collection was not conducted,
the Commission would be unable to track and enforce violations of
section 227 of the Communications Act, the Do-Not-Call Act, or the
Commission's rules. The Commission's rules provide consumers with
several options for avoiding most unwanted telephone solicitations.
The national do-not-call registry supplements the company-specific
do-not-call rules for those consumers who wish to request that
particular companies not call them. Any company that is asked by a
consumer, including an existing customer, not to call again must honor
that request for five (5) years. A provision of the Commission's rules,
however, allows consumers to give specific companies permission to call
them through an express written agreement. Nonprofit organizations,
companies with whom consumers have an established business
relationship, and calls to persons with whom the telemarketer has a
personal relationship are exempt from the ``do-not-call'' registry
requirements.
On September 21, 2004, the Commission released the Safe Harbor
Order, published at 69 FR 60311, October 8, 2004, establishing a
limited safe harbor in which persons will not be liable for placing
autodialed and prerecorded message calls to numbers ported from a
wireline service within the previous 15 days. The Commission also
amended its existing National Do-Not-Call Registry safe harbor to
require telemarketers to scrub their lists against the Registry every
31 days.
On June 17, 2008, in accordance with the Do-Not-Call Improvement
Act of 2007, the Commission revised its rules to minimize the
inconvenience to consumers of having to re-register their preferences
not to receive telemarketing calls and to further the underlying goal
of the National Do-Not-Call Registry to protect consumer privacy
rights. The Commission released a Report and Order in CG Docket No. 02-
278, FCC 08-147, published at 73 FR 40183, July 14, 2008, amending the
Commission's rules under the TCPA to require sellers and/or
telemarketers to honor registrations with the National Do-Not-Call
Registry so that registrations will not automatically expire based on
the five-year registration period. Specifically, the Commission
modified Sec. 64.1200(c)(2) of its rules to require sellers and/or
telemarketers to honor numbers registered on the Registry indefinitely
or until the number is removed by the database administrator
[[Page 35509]]
or the registration is cancelled by the consumer.
On February 15, 2012, the Commission released a Report and Order in
CG Docket No. 02-278, FCC 12-21, originally published at 77 FR 34233,
June 11, 2012, and later corrected at 77 FR 66935, November 8, 2012,
revising its rules to: (1) Require prior express written consent for
all autodialed or prerecorded telemarketing calls to wireless numbers
and for all prerecorded telemarketing calls to residential lines; (2)
eliminate the established business relationship exception to the
consent requirement for prerecorded telemarketing calls to residential
lines; (3) require telemarketers to include an automated, interactive
opt-out mechanism in all prerecorded telemarketing calls to allow
consumers more easily to opt out of future robocalls; and (4) require
telemarketers to comply with the 3% limit on abandoned calls during
each calling campaign, in order to discourage intrusive calling
campaigns.
Finally, the Commission also exempted from the TCPA requirements
informational artificial or prerecorded voice message calls to
residential lines. On December 30, 2020, the Commission released a
Report and Order in CG Docket No. 02-278, FCC 20-186, published at 86
FR 11443, February 25, 2021, amending the TCPA exemptions for
artificial or prerecorded voice calls made to residential telephone
lines so each satisfies the TRACED Act's requirements to identify who
can call, who can be called, and any call limits. The Commission
adopted limits on the number of calls that can be made under the
exemptions for non-commercial calls to a residence; commercial calls to
a residence that do not include an advertisement or constitute
telemarketing; tax-exempt nonprofit organization calls to a residence;
and Health Insurance Portability and Accountability Act (HIPAA)-related
calls to a residence. In addition, callers must have mechanisms in
place to allow consumers to opt out of any future calls. This action
will empower consumers to further limit the number of unwanted
robocalls made under any TCPA exemption.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-14346 Filed 7-2-21; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.