[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40347-40348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16003]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

July 8, 2008.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burdens, 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 (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. Pursuant to the PRA, no person shall be 
subject to any penalty for failing to comply with a collection of 
information 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 September 12, 2008. 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: Interested parties may submit all PRA comments by e-mail or 
U.S. mail. To submit your comments by e-mail, send them to [email protected]. 
To submit your comments by U.S. mail, mark them to the attention of 
Cathy Williams, Federal Communications Commission, Room 1-C823, 445 
12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, send an e-mail to [email protected] or 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: Not applicable.
    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: 49,397 respondents; 
135,607,383 responses.
    Estimated Time per Response: 0.004 hours (15 seconds)--2.25 hours 
(average per response).
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits; the 
statutory authority for the information collection requirements is 
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: 720,281 hours.
    Total Annual Costs: $4,360,500.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's system of 
records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries.''
    Privacy Impact Assessment: Yes. The Privacy Impact Assessment was 
completed on June 28, 2007. It may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
    Needs and Uses: The reporting requirements included under this OMB 
Control Number 3060-0519 enable the Commission to gather information 
regarding violations of the Do-Not-Call Implementation Act (Do-Not-Call 
Act). If the information collection was not conducted, the Commission 
would be unable to track and enforce violations of the Do-Not-Call Act. 
The Do-Not-Call rules provide consumers with several options for 
avoiding most unwanted telephone solicitations. This national do-not-
call registry supplements the current company-specific do-not-call 
rules for those consumers who wish to continue requesting that 
particular companies not call them. Any company, which is asked by a 
consumer, including an existing customer, not to call again must honor 
that request for five (5) years.
    However, a provision of the Commission's rules 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'' requirements.
    On September 21, 2004, the Commission released the 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.
    On December 4, 2007, the Commission released the DNC NPRM 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, the Commission released a Report and Order in CG 
Docket No. 02-278, FCC 08-147, 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 
modifies Sec.  64.1200(c)(2) of its rules to require sellers and/or

[[Page 40348]]

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.
    In accordance with the Do-Not-Call Improvement Act of 2007, the 
Commission extends this requirement indefinitely 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 Registry to protect consumer privacy rights.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-16003 Filed 7-11-08; 8:45 am]
BILLING CODE 6712-01-P