[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39872-39873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16929]



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FEDERAL COMMUNICATIONS COMMISSION




Information Collection Being Reviewed by the Federal 

Communications Commission



AGENCY: Federal Communications Commission.



ACTION: Notice and request for comments.



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SUMMARY: The Federal Communications Commission (FCC), 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. 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; (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; and (e) ways to further reduce the information 

collection burden on small business concerns with fewer than 25 

employees.

    The FCC 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 Office of 

Management and Budget (OMB) control number.



DATES: Written PRA comments should be submitted on or before September 

6, 2011. 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 Cathy Williams, FCC, via e-mail 

[email protected] and to [email protected].



FOR FURTHER INFORMATION CONTACT: For additional information about the 

information collection, contact Cathy Williams at (202) 418-2918.



SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0519.

    Title: Rules and Regulations Implementing the Telephone Consumer



[[Page 39873]]



Protection Act (TCPA) of 1991, CG Docket No. 02-278.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities; Individuals or 

households; Not-for-profit institutions.

    Number of Respondents and Responses: 50,151 respondents; 

147,409,229 responses.

    Estimated Time per Response: .004 hours (15 seconds) to 1 hour.

    Frequency of Response: Recordkeeping requirement; On occasion and 

one-time reporting requirement; Third party disclosure requirement; 

Annual reporting 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: 684,433 hours.

    Total Annual Cost: $3,989,700.

    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.'' As required by the Privacy Act, 5 U.S.C. 552a, the 

Commission also published a SORN, FCC/CGB-1 ``Informal Complaints and 

Inquiries'', in the Federal Register on December 15, 2009 (74 FR 66356) 

which became effective on January 25, 2010. 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 (PIA) 

was completed on June 28, 2007. It may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html. The 

Commission is in the process of updating the PIA to incorporate various 

revisions made to the SORN.

    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, Office of the Secretary, Office of Managing Director.

[FR Doc. 2011-16929 Filed 7-6-11; 8:45 am]

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