[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53424-53425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21603]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection Requirement Submitted to OMB for 
Review and Approval, Comments Requested

September 9, 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 collections, as required by the Paperwork 
Reduction Act of 1995 (PRA), 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 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

[[Page 53425]]

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 PRA comments should be submitted on or before October 
16, 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 contacts listed below as soon as 
possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at [email protected] 
or via fax at (202) 395-5167; and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC 20554, or via Internet at [email protected] and/or 
[email protected]. Include in the comments the OMB control number of the 
collection as shown in the ``SUPPLEMENTARY INFORMATION'' section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Cathy Williams at (202) 418-
2918, or via Internet at [email protected], and/or [email protected]. To 
view a copy of this information collection request (ICR) submitted to 
OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, 
(2) look for the section of the Web page called ``Currently Under 
Review,'' (3) click on the downward-pointing arrow in the ``Select 
Agency'' box below the ``Currently Under Review'' heading, (4) select 
``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

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: .004 hours (15 seconds) to 1 hour.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; Third-party disclosure requirement.
    Total Annual Burden: 625,406 hours.
    Total Annual Cost: $4,590,000.
    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.
    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.'' A system of records for the do-not-call registry was 
created by the Federal Trade Commission (FTC) under the Privacy Act. 
The FTC published a notice in the Federal Register describing the 
system. See 68 FR 37494, June 24, 2003.
    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'' registry 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 
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 revises 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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-21603 Filed 9-15-08; 8:45 am]
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