Notice2024-12881
Information Collection 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
June 12, 2024
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), 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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 114 (Wednesday, June 12, 2024)</title>
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[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49875-49876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12881]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0519; FR ID 224936]
Information Collection 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 of 1995 (PRA), 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 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
[[Page 49876]]
PRA that does not display a valid OMB control number.
DATES: Written PRA comments should be submitted on or before August 12,
2024. 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#f4a4a6b5b4929797da939b82"><span class="__cf_email__" data-cfemail="75252734351316165b121a03">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#3073514458491e67595c5c59515d43705653531e575f46"><span class="__cf_email__" data-cfemail="763517021e0f58211f1a1a1f171b053610151558111900">[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: 3060-0519.
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: 171,026 respondents;
193,328,796 responses.
Estimated Time per Response: .004 hours (15 seconds) to 8 hours.
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: 3,535,421 hours.
Total Annual Cost: $1,357,200.
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 implementing rules. The Commission's implementing 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 continue requesting
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 December 4, 2007, the Commission released the DNC NPRM,
published at 72 FR 71099, December 14, 2007, seeking comment on its
tentative conclusion that registrations with the Registry should be
honored indefinitely, unless a number is disconnected or reassigned or
the consumer cancels his registration.
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 Telephone Consumer Protection Act (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 current 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 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 during a robocall
itself; 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 Telephone Consumer
Protection Act requirements prerecorded calls to residential lines made
by health care-related entities governed by the Health Insurance
Portability and Accountability Act of 1996.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-12881 Filed 6-11-24; 8:45 am]
BILLING CODE 6712-01-P
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