[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Notices]
[Pages 64931-64932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24964]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted to OMB 
for Review and Approval

October 29, 2004.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. 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 estimate; (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.

DATES: Written comments should be submitted on or before December 9, 
2004. 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 comments to Les Smith, Federal Communications 
Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or 
via the Internet to [email protected] or Kristy L. LaLonde, Office 
of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, 
(202) 395-3087 or via the Internet at [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copy of 
the information collection(s) contact Les Smith at (202) 418-0217 or 
via the Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0313.
    Title: Section 76.1701, Political File.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 5,375.
    Estimated Time per Response: 0.25 hours (1.0 hours/cable system).
    Frequency of Response: Recordkeeping.
    Total Annual Burden: 5,375 burden hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: 47 CFR 76.1701 requires every cable television 
system to keep and permit public inspection of a complete record 
(political file). The file contains all requests for cablecast time 
made by or on behalf of candidates for public office, together with an 
appropriate notation showing the disposition made by the system of such 
requests, and the charges made, if any, if the request is granted. The 
disposition includes the schedule of time purchased, when the spots 
actually aired, the rates charged, and the classes of time purchased. 
Also, when free time is provided for use by or on behalf of candidates, 
a record of the free time provided is to be placed in the political 
file.

    OMB Control Number: 3060-0968.
    Title: Slamming Complaint Form.
    Form Number: FCC 501.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit entities; Not-for-profit institutions.
    Number of Respondents: 3,600.
    Estimated Time per Response: 15 minutes.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 900 hours.

[[Page 64932]]

    Total Annual Cost: None.
    Privacy Impact Assessment: Yes.
    Needs and Use: FCC Form 501, Slamming Complaint Form, is designed 
to assist consumers in filing slamming complaints with the Commission. 
The form is devised to ensure complete and efficient submission of 
necessary information to process slamming complaints. FCC Form 501 
remains available to consumers electronically and in hard copy. The 
Commission will use this information to provide redress to consumers 
and to act against companies engaged in this illegal practice as soon 
as possible.

    OMB Control Number: 3060-0519.
    Title: Rules and Regulations Implementing the Telephone Consumer 
Protection Act (TCPA) of 1991.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit entities; Not-for-profit institutions.
    Number of Respondents: 54,497.
    Estimated Time per Response: 0.004 hours (15 seconds)-3 hours 
(avg).
    Frequency of Response: Recordkeeping; On occasion reporting 
requirement; Third Party disclosure.
    Total Annual Burden: 1,851,600 hours.
    Total Annual Costs: $4,360,500.
    Privacy Impact Assessment: Yes.
    Needs and Uses: On March 11, 2003, the Do-Not-Call Implementation 
Act (Do-Not-Call Act) was signed into law requiring the Commission to 
issue a final rule in its ongoing TCPA proceeding within 180 days of 
March 11, 2003, and to consult and coordinate with the Federal Trade 
Commission (FTC) to ``maximize consistency'' with the rule promulgated 
by the FTC in 2002. On March 25, 2003, the FCC released a Further 
Notice of Proposed Rulemaking (FNPRM) seeking comment on the 
Commission's requirements under the Do-Not-Call Act. On July 3, 2003, 
the Commission released a Report and Order (2003 TCPA Order), the 
Commission revised the current TCPA rules and adopted new rules to 
provide consumers with several options for avoiding unwanted telephone 
solicitations. The Commission established a national do-not-call 
registry for consumers who wish to avoid most unwanted telemarketing 
calls. This national do-not-call registry will supplement the current 
company-specific do-not-call rules for those consumers who wish to 
continue requesting that particular companies not call them. The FCC 
also adopted a new provision to permit consumers to provide permission 
to call to specific companies by an express written agreement. The TCPA 
rules exempt from the ``do-not-call'' requirements nonprofit 
organizations, companies with whom consumers have an established 
business relationship, and calls to persons with whom the telemarketer 
has a personal relationship. Any company, which is asked by a consumer, 
including an existing customer, not to call again must honor that 
request for five (5) years.
    The Commission retains the current calling time restrictions of 8 
a.m. until 9 p.m. On September 21, 2004, the Commission released an 
Order (2004 Safe Harbor Order), 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 do-not-call database every 31 days.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-24964 Filed 11-8-04; 8:45 am]
BILLING CODE 6712-01-P