[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68063-68065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30373]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections Being Reviewed by the 
Federal Communications Commission, Comments Request

December 16, 2009.
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 the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520. 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: Persons wishing to comment on this information collection should 
submit comments by February 22, 2010. 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 PRA comments to Nicholas A. Fraser, Office of 
Management and Budget (OMB), via fax at (202) 395-5167, or via the 
Internet at [email protected] and to Cathy Williams, 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554. To submit your comments by e-mail send then to: 
[email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collections send an e-mail to [email protected] or contact Cathy 
Williams on (202) 418-2918.

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: Business or other for-profit entities; Not-for-profit 
institutions; Individuals or households.

[[Page 68064]]

    Number of Respondents and Responses: 5,000,000 respondents; 
5,122,500 responses.
    Estimated Time per Response: 3 minutes (.05 hours) to 30 minutes 
(.50 hours).
    Frequency of Response: Annual, monthly, and on occasion reporting 
requirements; recordkeeping and third party disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
authorizing statutes for this information collection are: Telephone 
Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 
(1991); Junk Fax Prevention Act, Pub. L. No. 109-21, 119 Stat. 359 
(2005).
    Total Annual Burden: 3,311,250 hours.
    Total Annual Cost: $8,000,000.
    Nature and Extent of Confidentiality: Assurances of confidentiality 
are being provided to the respondents. The Commission is requesting 
that individuals (consumers/respondents) submit their names, addresses, 
and telephone numbers, which the Commission's staff needs to process 
the complaints. A privacy statement is included on all FCC forms 
accessed through our Internet web site. In addition, respondents are 
made aware of the fact that their complaint information may be released 
to law enforcement officials and other parties as mandated by law (Le. 
court-ordered subpoenas). PII is contained in the operations support 
for complaint analysis and resolution (OSCAR), the consumer information 
management system (CIMS), and the consumer case management system 
(CCMS) databases, which are covered under the Commission's SORN, FCC/
CGB-1, ''Informal Complaints and Inquiries.'' The PII covered by this 
system of records notice is used by Commission personnel to handle and 
to process informal complaints from individuals and groups. The 
Commission will not share this information with other federal agencies 
except under the routine uses listed in the SORN.
    Privacy Impact Assessment: The PIA that the FCC completed on June 
28, 2007 gives a full and complete explanation of how the FCC collects 
stores, maintains, safeguards, and destroys the PII, as required by OMB 
regulations and the Privacy Act, 5 U.S.C. 552a. The PIA may be viewed 
at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_ 
Assessment.html.
     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 2Q05, 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 contained 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 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.
    On October 14, 2008, the Commission released an Order on 
Reconsideration, FCC 08-239, addressing certain issues raised in 
petitions for reconsideration and/or clarification filed in response to 
the Commission's Report and Order and Third Order on Reconsideration 
(''Junk Fax Order-), FCC 06-42. In document FCC 08-239, the Commission 
clarified that: (1) Facsimile numbers compiled by third parties on 
behalf of the facsimile sender will be presumed to have been made 
voluntarily available for public distribution so long as they are 
obtained from the intended recipient's own directory, advertisement, or 
Internet site; (2) Reasonable steps to verify that a recipient has 
agreed to make available a facsimile number for public distribution may 
include methods other than direct contact with the recipient; and (3) a 
description of the facsimile sender's opt-out mechanism on the first 
webpage to which recipients are directed in the opt-out notice 
satisfies the requirement that such a description appear on the first 
page of the Web site. The Commission believes these clarifications will 
assist senders of facsimile advertisements in complying with the 
Commission's rules in a manner that minimizes regulatory compliance 
costs while maintaining the protections afforded consumers under the 
Telephone Consumer Protection Act (TCPA).
    OMB Control Number: 3060-0874.
    Title: Consumer Complaint Forms: General Complaints, Obscenity or 
Indecency Complaints, Complaints under the Telephone Consumer 
Protection Act, and Slamming Complaints.
    Form Number(s): FCC Form 2000 A through F, FCC Form 475-B, FCC Form 
1088 A through H, and FCC Form 501.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit entities; Not-for-profit institutions; State, local or Tribal 
Government.
    Number of Respondents and Responses: 1,496,027 (FCC Form 2000: 
58,772; FCC Form 475-B: 1,271,332; FCC Form 1088: 162,323; and FCC Form 
501: 3,600).
    Estimated Time per Response: 15 to 30 minutes per form on average.
    Frequency of Response: On occasion reporting requirement.
    Obligation to Respond: Voluntary.
    Total Annual Burden: 690,301 (FCC Form 2000: 29,386 hours; FCC Form 
475-B: 635,666 hours; FCC Form 1088: 24,349; and FCC Form 501: 900 
hours).
    Total Annual Cost: None.
    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, FCC/CGB-1, ``Informal Complaints and Inquiries.''
    Privacy Impact Assessment: The Privacy Impact Assessment for 
Informal Complaints and Inquiries was completed on June 28, 2007. It 
may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
    Needs and Use: The FCC Form 2000 Consumer Complaint Forms asks the 
complainants to provide their contact information, including address, 
telephone number, and e-mail address, and to briefly describe the 
nature of the complaint, including the communications entities against 
which the complaint is lodged, the consumer's account number(s), if 
applicable, the date(s) on which the incident(s) occurred, and the type 
of resolution the consumer is seeking. The Commission uses the 
information to resolve the consumer's informal complaint(s). The

[[Page 68065]]

FCC Form 2000 A through F will remain unchanged.
    The FCC Form 475-B Consumer Complaint Form asks complainants to 
provide their contact information, including address, telephone number, 
and e-mail address, and to describe their complaint(s) and issue(s) 
concerning the practices of telecommunications entities, which they 
believe may have aired obscene, profane, and/or indecent programming. 
The FCC Form 475-B will remain unchanged.
    The FCC Form 1088 Consumer Complaint Form asks complainants to 
provide their contact information, including address, telephone number, 
and e-mail address, and to describe their complaints and issues 
regarding ``Do Not Call'' and ``Junk Fax'' as well as other related 
consumer protection issues such as prerecorded messages, automatic 
telephone dialing systems, and unsolicited commercial e-mail messages 
to wireless telecommunications devices. The FCC Form 1088 A through H 
will remain unchanged.
    The FCC Form 501 Consumer Complaint Form asks complainants to 
provide their contact information, including address, telephone number, 
and e-mail address, and to describe their complaints and issues 
regarding alleged slamming violations. The FCC Form 501 will remain 
unchanged.
    All of the FCC Complaint Forms are being consolidated into this 
collection (and being deleted from OMB Control Number 3060-1088 and 
discontinued in OMB Control Number 3060-0968) in order to allow the 
Commission to better manage all forms used to collect informal consumer 
complaints.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. E9-30373 Filed 12-21-09 8:45 am]
BILLING CODE 6712-01-S