Notice2022-04648
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
March 4, 2022
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 87 Issue 43 (Friday, March 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12453-12454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04648]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1088; FR ID 74384]
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 April 4, 2022.
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 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#39696b78795f5a5a175e564f"><span class="__cf_email__" data-cfemail="64343625240207074a030b12">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#4d0e2c392534631a242121242c203e0d2b2e2e632a223b"><span class="__cf_email__" data-cfemail="f0b391849889dea7999c9c99919d83b0969393de979f86">[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="https://www.reginfo.gov/public/do/PRAMain">https://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: 3060-1088.
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.
[[Page 12454]]
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
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.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2022-04648 Filed 3-3-22; 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 March 4, 2022.
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.