Rule2022-24353
Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act)
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
November 10, 2022
Effective
November 10, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission announces that the Office of Management and Budget (OMB) has approved an information collection associated with rules governing Implementing the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). The Commission also announces that private entities may begin submitting information in the Private Entity Robocall Portal. It removes paragraphs advising that compliance was not required until OMB approval was obtained. This document is consistent with the 2021 Report and Order, which states the Commission will publish a document in the Federal Register announcing a compliance date for the rule sections and revise the rules accordingly.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67826-67827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24353]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[EB Docket No. 20-374; FCC 21-75; FR ID 112274]
Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and
Deterrence Act (TRACED Act)
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved an information collection
associated with rules governing Implementing the Pallone-Thune
Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
(TRACED Act). The Commission also announces that private entities may
begin submitting information in the Private Entity Robocall Portal. It
removes paragraphs advising that compliance was not required until OMB
approval was obtained. This document is consistent with the 2021 Report
and Order, which states the Commission will publish a document in the
Federal Register announcing a compliance date for the rule sections and
revise the rules accordingly.
DATES:
Effective date: The amendments are effective November 10, 2022.
Compliance date: Compliance with 47 CFR 64.1204(a) and 64.1606(a),
published at 86 FR 52840 on September 23, 2021, is required as of
November 10, 2022.
FOR FURTHER INFORMATION CONTACT: Daniel Stepanicich, Enforcement
Bureau, Telecommunications Consumers Division, at (202) 418-7451 or
<a href="/cdn-cgi/l/email-protection#7e1a1f10171b12500d0a1b0e1f10171d171d163e181d1d50191108"><span class="__cf_email__" data-cfemail="9bfffaf5f2fef7b5e8effeebfaf5f2f8f2f8f3dbfdf8f8b5fcf4ed">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document announces that OMB approved
the information collection requirements in Sec. Sec. 64.1204(a) and
64.1606(a) on November 16, 2021.
The Commission publishes this document as an announcement of the
compliance date of the rules. If you have any comments on the burden
estimates listed below, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact
Nicole Ongele, Federal Communications Commission, 45 L Street NE,
Washington, DC 20554, regarding OMB Control Number 3060-1296. Please
include the applicable OMB Control Number in your correspondence. The
Commission will also accept your comments via email at <a href="/cdn-cgi/l/email-protection#01515340416762622f666e77"><span class="__cf_email__" data-cfemail="41111300012722226f262e37">[email protected]</span></a>.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#294f4a4a1c191d694f4a4a074e465f"><span class="__cf_email__" data-cfemail="02646161373236426461612c656d74">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval on November 16, 2021, for the information collection
requirements contained in Sec. Sec. 64.1204(a) and 64.1606(a). Under 5
CFR part 1320, an agency may not conduct or sponsor a collection of
information unless it displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a
[[Page 67827]]
collection of information subject to the Paperwork Reduction Act that
does not display a current, valid OMB Control Number.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1296.
OMB Approval Date: November 16, 2021.
OMB Expiration Date: November 30, 2024.
Title: Private Entity Robocall and Spoofing Information Submission
Portal, FCC Form 5642.
Form Number: FCC Form 5642.
Type of Review: New collection.
Respondents: Business or other for-profit entities, and not for
profit institutions.
Number of Respondents and Responses: 50 respondents; 50 responses.
Estimated Time per Response: 1 hour.
Frequency of Response: On occasion reporting requirement; third
party
Obligation to Respond: Voluntary. Statutory authority is contained
in the TRACED Act section 10(a).
Total Annual Burden: 50 hours.
Total Annual Cost: No Cost.
Privacy Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: Assurances of confidentiality
are provided to the respondents; however, respondents are made aware
that their submissions may be shared with the Department of Justice,
Federal Trade Commission, other Federal agencies combatting robocalls,
state attorney general offices, other law enforcement entities with
which the Commission has information sharing agreements, and the
registered traceback consortium.
Needs and Uses: Section 10(a) of the Pallone-Thune Telephone
Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act)
directs the Commission to establish regulations to create a process
that ``streamlines the ways in which a private entity may voluntarily
share with the Commission information relating to'' a call or text
message that violates prohibitions regarding robocalls or spoofing set
forth section 227(b) and 227(e) of the Communications Act of 1934, as
amended. On June 17, 2021, the Commission adopted a Report and Order to
implement section 10(a) by creating an online portal located on the
Commission's website where private entities may submit information
about robocall and spoofing violations. The Enforcement Bureau (Bureau)
will manage this portal.
A private entity is any entity other than (1) an individual natural
person or (2) a public entity. A public entity is any governmental
organization at the Federal, state, or local level. Thus, the portal is
not intended for individual consumers who already have a mechanism to
submit robocall or spoofing complaints via the Commission's informal
complaint process.
The portal requests private entities to submit certain minimum
information including, but not necessarily limited to, the name of the
reporting private entity, contact information, including at least one
individual name and means of contacting the entity (e.g., a phone
number), the caller ID information displayed, the phone number(s)
called, the date(s) and time(s) of the relevant calls or texts, the
name of the reporting private entity's service provider, and a
description of the problematic calls or texts. Although the portal does
not reject submissions that fail to include the above information, such
failure makes it more difficult for the Bureau to investigate fully and
take appropriate enforcement action. Once submitted, the Bureau will
review to determine whether the information presents evidence of a
violation of the Commission's rules. The Bureau may share submitted
information with the Department of Justice, Federal Trade Commission,
other Federal agencies combatting robocalls, state attorney general
offices, other law enforcement entities with which the Commission has
information sharing agreements, and the registered traceback
consortium.
This document also removes Sec. Sec. 64.1204(c) and 64.1606(c) of
the Commission's rules, which advised that compliance with Sec. Sec.
64.1204(a) and 64.1606(a) was not required until OMB approval was
obtained.
List of Subjects in 47 CFR Part 64
Communications, Communications common carriers, Reporting and
recordkeeping requirements, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 64 as follows.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220,
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262,
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.
Sec. 64.1204 [Amended]
0
2. Amend Sec. 64.1204 by removing paragraph (c).
Sec. 64.1606 [Amended]
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3. Amend Sec. 64.1606 by removing paragraph (c).
[FR Doc. 2022-24353 Filed 11-9-22; 8:45 am]
BILLING CODE 6712-01-P
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