[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55675-55676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22911]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

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. 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 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 comments should be submitted on or before October 11, 
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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax 
202-395-5167, or via e-mail [email protected]; and to 
Cathy Williams, FCC, via e-mail [email protected] and to 
[email protected]. Include in the comments the OMB control number 
as shown in the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. 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 No.: 3060-xxxx.
    Title: Construction requirements; Interim reports--Sections 
27.14(g)-(l).
    Form No.: N/A.
    Type of Review: New information collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 2,208 respondents; 2,208 
responses.
    Estimated Time per Response: 5 to 15 hours.
    Frequency of Response: Third party disclosure requirement and on 
occasion reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is 47 U.S.C. 154, 
301, 302(a), 303, 309, 332, 336, and 337 unless otherwise noted.
    Total Annual Burden: 15,450 hours.
    Annual Cost Burden: $3,310,700.00.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: The information collected will be used by the 
Commission to determine the progress made by licensees to meet specific 
performance requirements, and the manner in which their spectrum is 
being utilized, and to determine whether licensees have complied with 
the Commission's performance benchmarks. The Commission will also use 
the information to evaluate whether further assessment of the rules or 
other actions are necessary in the event spectrum is being stockpiled 
or warehoused, or if it is otherwise not being made available despite 
existing demand.
    OMB Control Number: 3060-0519.

[[Page 55676]]

    Title: Rules and Regulations Implementing the Telephone Consumer 
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; Annual, on 
occasion and one-time 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: 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.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-22911 Filed 9-7-11; 8:45 am]
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