Notice2021-28290
Information Collections Being Reviewed by the Federal Communications Commission
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
December 29, 2021
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: 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; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid 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.
Full Text
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<title>Federal Register, Volume 86 Issue 247 (Wednesday, December 29, 2021)</title>
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[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74092-74093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28290]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1088; FR ID 64811]
Information Collections Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995, the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. Comments are
requested concerning: 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; the accuracy of the Commission's burden estimate; ways to
enhance the quality, utility, and clarity of the information collected;
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; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees. The FCC may not conduct or sponsor a collection of
information unless it displays a currently valid 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.
DATES: Written PRA comments should be submitted on or before February
28, 2022. 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 contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to
<a href="/cdn-cgi/l/email-protection#c292908382a4a1a1eca5adb4"><span class="__cf_email__" data-cfemail="6b3b392a2b0d0808450c041d">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#387b594c5041166f5154545159554b785e5b5b165f574e"><span class="__cf_email__" data-cfemail="8bc8eaffe3f2a5dce2e7e7e2eae6f8cbede8e8a5ece4fd">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1088.
Title: Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, Report and Order and Third Order on
Reconsideration, CG Docket No. 05-338, FCC 06-42.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; and Individuals or households.
Number of Respondents and Responses: 5,340,000 respondents;
6,050,905 responses.
Estimated Time per Response: 3 minutes (.05 hours) to 30 minutes
(.50 hours).
Frequency of Response: Annual, monthly, and on occasion reporting
requirements; Recordkeeping; and Third party disclosure.
Obligation to Respond: Required to obtain or retain benefits. The
authorizing statutes for this information collection are: Telephone
Consumer Protection Act of 1991, Public Law 102-243. 105 Stat. 2394
(1991); Junk Fax Prevention Act, Public Law 109-21, 119 Stat. 359
(2005).
Total Annual Burden: 3,670,625 hours.
Total Annual Cost: $1,062,142.
Needs and Uses: On April 5, 2006, the Commission adopted a Report
and Order and Third Order on Reconsideration, In the Matter of Rules
and Regulations Implementing the Telephone Consumer Protection Act of
1991; Junk Fax Prevention Act of 2005, CG Docket Nos. 02-278 and 05-
338, FCC 06-42, which modified the Commission's facsimile advertising
rules to implement the Junk Fax Prevention Act. The Report and Order
and Third Order on Reconsideration contained information collection
requirements pertaining to: (1) Opt-out Notice and Do-Not-Fax Requests
[[Page 74093]]
Recordkeeping in which the rules require senders of unsolicited
facsimile advertisements to include a notice on the first page of the
facsimile that informs the recipient of the ability and means to
request that they not receive future unsolicited facsimile
advertisements from the sender; (2) Established Business Relationship
Recordkeeping whereas the Junk Fax Prevention Act provides that the
sender, e.g., a person, business, or a nonprofit/institution, is
prohibited from faxing an unsolicited advertisement to a facsimile
machine unless the sender has an ``established business relationship''
(EBR) with the recipient; (3) Facsimile Number Recordkeeping in which
the Junk Fax Prevention Act provides that an EBR alone does not entitle
a sender to fax an advertisement to an individual or business. The fax
number must also be provided voluntarily by the recipient; and (4)
Express Invitation or Permission Recordkeeping where in the absence of
an EBR, the sender must obtain the prior express invitation or
permission from the consumer before sending the facsimile
advertisement.
On October 14, 2008, the Commission released an Order on
Reconsideration, FCC 08-239, addressing certain issues raised in
petitions for reconsideration and/or clarification filed in response to
the Commission's Report and Order and Third Order on Reconsideration
(Junk Fax Order), FCC 06-42. In document FCC 08-239, the Commission
clarified that: (1) Facsimile numbers compiled by third parties on
behalf of the facsimile sender will be presumed to have been made
voluntarily available for public distribution so long as they are
obtained from the intended recipient's own directory, advertisement, or
Internet site; (2) Reasonable steps to verify that a recipient has
agreed to make available a facsimile number for public distribution may
include methods other than direct contact with the recipient; and (3) a
description of the facsimile sender's opt-out mechanism on the first
web page to which recipients are directed in the opt-out notice
satisfies the requirement that such a description appear on the first
page of the website.
The Commission believes these clarifications will assist senders of
facsimile advertisements in complying with the Commission's rules in a
manner that minimizes regulatory compliance costs while maintaining the
protections afforded consumers under the Telephone Consumer Protection
Act (TCPA).
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison, Office of the Secretary.
[FR Doc. 2021-28290 Filed 12-28-21; 8:45 am]
BILLING CODE 6712-01-P913
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