[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Notices]
[Pages 20104-20105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5889]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted for 
Review to the Office of Management and Budget

April 12, 2006.
SUMMARY: The Federal Communications Commission, as required by the 
Paperwork Reduction Act (PRA) of 1995, Public Law 104-13, and 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(s). 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before May 19, 2006. If you anticipate that you will be 
submitting PRA 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 Paperwork Reduction Act (PRA) comments to Leslie 
F. Smith, Federal Communications Commission, Room 1-A804, 445 12th 
Street, SW., DC 20554 or via the Internet to [email protected]. If 
you would like to obtain or view a copy of this revised information 
collection, you may do so by visiting the FCC PRA Web page at: http://www.fcc.gov/omd/pra.

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

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: Revision of a currently approved collection.
    Respondents: Individuals or households; Business and other for-
profit entities; and Not-for-profit institutions.
    Number of Respondents: 5,000,000 (4 million facsimile advertisement 
senders and 1,000,000 complainants.
    Number of Responses: 5,160,000 responses.
    Estimated Time per Response: 15 seconds to 1 hour.
    Frequency of Response: On occasion, monthly, and annual reporting 
requirements; Recordkeeping; Third party disclosure.
    Total Annual Burden: 13,180,000 hours.
    Total Annual Cost: $60,000,000.
    Privacy Impact Assessment Implication(s): Yes.
    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.
    With the exception of item (3) below, the information collection 
requirements are identical to those proposed and approved by OMB on 
March 15, 2006.
    (1) Opt-out Notice and Do-Not-Fax Requests Recordkeeping. 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. The notice must 
be clear and conspicuous (apparent to a reasonable consumer); separate 
from the advertising copy or other disclosures; and placed at either 
the top or bottom of the fax. In addition,

[[Page 20105]]

the Notice must include a domestic contact telephone, a domestic 
facsimile machine number for the recipient to transmit such a request 
to the sender, and a cost-free mechanism for a recipient to transmit a 
request pursuant to such notice to the sender of the unsolicited 
advertisement. The cost-free mechanism must include one of the 
following: a toll-free telephone number; a toll-free facsimile number; 
a Web site address; or email address. A local telephone number may be 
considered a cost-free mechanism so long as the advertisements are sent 
to local customers for whom a call to that number would not result in 
long distance or other separate charges. Finally, the telephone and 
facsimile numbers and cost-free mechanism must permit an individual or 
business to make such a request at any time on any day of the week. 
Recipients of fax advertisements must use one of the opt-out methods 
identified on the sender's facsimile so as not to impair an entity's 
ability to account for all requests and process them in a timely 
manner. Senders must comply with an opt-out request within the shortest 
reasonable time of such request, not to exceed 30 days.
    (2) Established Business Relationship Recordkeeping. In addition, 
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'' with the recipient. The 
Commission amended its rules to comply with the Junk Fax Prevention Act 
regarding the express recognition of an EBR exemption. The Commission 
did not limit the duration of the EBR for fax advertising. There is no 
ongoing reporting requirement associated with these rules. If, however, 
a complaint is filed involving the existence of an EBR, the facsimile 
sender bears the burden of proof as to the validity of an EBR, or the 
possibility that it was formed prior to July 9, 2005. The rules do not 
require that any specific records be kept by fax senders. Instead, they 
may use records kept in the usual course of business showing an EBR, 
such as purchase agreements, sales slips, applications, and inquiry 
records.
    (3) Facsimile Number Recordkeeping. 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. The Commission's amended rules 
provide that if a sender relies on an EBR for permission to fax an 
advertisement, the sender must have obtained the number of the 
telephone facsimile machine through the voluntary communication of such 
number, within the context of such EBR or through a directory, 
advertisement, or site on the Internet to which the recipient 
voluntarily agreed to make available its facsimile number. It would be 
permissible for the sender to obtain the number directly from the 
recipient (e.g., through the recipient's letterhead, business cards, 
application, membership renewal form). It would be permissible for the 
sender to obtain the number from the recipient's own directory, 
advertisement, or internet site, unless the recipient has noted on such 
materials that it does not accept unsolicited advertisements at the 
facsimile number in question. On the other hand, if the sender obtains 
the number from sources of information compiled by third parties--e.g., 
membership directories, internet databases--the sender must take 
reasonable steps to verify that the recipient consented to have the 
number listed, such as calling or emailing the recipient. For an EBR in 
existence prior to July 9, 2005, there is a presumption that if a valid 
EBR existed prior to July 9, 2005, the sender had the facsimile number 
prior to that date as well. There is no ongoing reporting requirement 
associated with these rules. If, however, a complaint is filed 
involving how the facsimile number was obtained, the sender bears the 
burden of proof that the number was voluntarily provided by the 
recipient.
    (4) Express Invitation or Permission Recordkeeping. In the absence 
of an EBR, the sender must obtain the prior express invitation or 
permission from the consumer before sending the facsimile 
advertisement. When a consumer has made an opt-out request of the 
sender, the sender must demonstrate that the consumer subsequently gave 
his express permission to receive faxes. Such express invitation or 
permission may be provided orally or in writing, including through 
electronic methods. While there is no ongoing recordkeeping or 
reporting requirement associated with this rule, if a complaint is 
filed, the facsimile sender must be prepared to provide clear and 
convincing evidence of the existence of such permission.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E6-5889 Filed 4-18-06; 8:45 am]
BILLING CODE 6712-01-P