[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Notices]
[Pages 3136-3137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-309]


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FEDERAL COMMUNICATIONS COMMISSION


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

January 18, 2007.
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(s), as required by Paperwork Reduction 
Act (PRA) 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before. 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 FCC contact listed below 
as soon as possible.

ADDRESSES: Direct all PRA comments to Allison E. Zaleski, Office of 
Management and Budget, Room 10236 NEOB, Washington, DC 20503, (202) 
395-6466, or via fax at (202) 395-5167 or via Internet at [email protected] and to [email protected], Federal 
Communications Commission, Room 1-C216, 445 12 Street, SW., Washington, 
DC 20554, or an e-mail to [email protected]. If you would like to obtain or 
view a copy of this 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: FCC Form 1088.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; and Individuals or households.
    Number of Respondents: 5,000,000.
    Estimated Time per Response: 3-30 minutes.
    Frequency of Response: Recordkeeping; Monthly, annual, and on 
occasion reporting requirements; Third party disclosure.
    Obligation to Respond: Required to obtain or retain benefits.
    Total Annual Burden: 3,380,000 hours.
    Total Annual Cost: $8,000,000.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered, although, individuals or households, 
who provide sensitive information, e.g., ``personally identifiable 
information,'' should submit FCC Form 1088 via mail rather than 
electronically.
    Privacy Impact Assessment: No; a PIA will be done when the system 
of records notice is revised.
    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 contains 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

[[Page 3137]]

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.
    Section 227 of the Communications Act of 1934, as amended, and the 
FCC's parallel rules restrict various telemarketing and advertising 
activities. The new Junk Fax/Telemarketing Form, FCC Form 1088, is 
designed specifically for complaints that involve (1) junk faxes, (2) 
telemarketing (including do-not-call violations), and (3) other related 
issues such as prerecorded messages, automatic telephone dialing 
systems, and unsolicited commercial email messages to wireless 
telecommunications devices (cell phones, pagers). FCC Form 1088 will 
allow the Commission to collect detailed information from consumers 
concerning possible violations of the Communications Act and the FCC's 
fax and telemarketing rules, which will enable the Commission to 
investigate rule violations more efficiently and to initiate 
enforcement actions against violators as appropriate. By collecting 
their complaints and related information in a single, comprehensive 
template, the form will provide a standardized way for consumers to 
file complaints, thus eliminating the need for further documentation or 
questions from FCC investigators to determine whether violations have 
occurred. This ensures that consumers can present their complaints in a 
way that maximizes the FCC's ability to take enforcement actions 
against violators and protects complainants and other consumers from 
unlawful telemarketing and faxing that is intrusive, uninvited, and 
possibly costly. Furthermore, the form's format avoids the need for 
complainants to compose narratives that describe unwanted telemarketing 
or faxing, and instead permits complainants to answer questions, 
principally by simply selecting options presented on the form, which 
should reduce the time to file a complaint. The form will allow the 
Commission to gather and to review this information more efficiently. 
The information the form collects may ultimately become the foundation 
for enforcement actions and/or rulemaking proceedings, as appropriate.
    FCC Form 1088 asks for the complainant's contact information, 
including name, address, telephone number and e-mail address; then 
presents a ``gateway'' question to determine the general topic of the 
complaint: (1) A fax or (2) a call or message to a residential 
telephone, business telephone, emergency telephone or patient 
telephone, wireless telecommunications device, or any service for which 
the called party is charged. After the complainant answers this 
question, the form asks additional questions geared to the specific 
type of incident reported. The form poses certain mandatory threshold 
questions that must be answered for the Commission to determine whether 
a violation has occurred. It also presents optional questions for 
complainants who wish to provide the Commission with more detailed 
information that a complainant believes may assist the Commission in 
investigating the complaint. Finally, the form permits a complainant to 
attest to the accuracy of the information provided by ensuring that the 
Commission has documentation necessary for any possible enforcement 
actions without further contacting the complainant to obtain a sworn 
declaration or other materials. The Commission believes the new FCC 
Form 1088 to be a logical extension of its Junk Fax and Telemarketing 
rulemaking efforts.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 07-309 Filed 1-23-07; 8:45 am]
BILLING CODE 6712-01-M