[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Notices]
[Pages 8525-8526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02510]


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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 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; the accuracy of the 
Commission's burden estimate; ways to enhance the quality, utility, and 
clarity of the information collected; 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 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 April 8, 
2013. 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 email 
[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: 3060-1088.
    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: Not applicable.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; and Individuals or households.
    Number of Respondents and Responses: 5,340,000 respondents; 
6,057,305 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 requirement; and Third party disclosure 
requirement.
    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. 102-243. 105 Stat. 2394 
(1991); Junk Fax Prevention Act, Pub. L. 109-21, 119 Stat. 359 (2005).
    Total Annual Burden: 3,673,825 hours.
    Total Annual Cost: $10,223,000.
    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 updated 
system of records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries'', which became effective on January 25, 2010.
    Privacy Impact Assessment: The Privacy Impact Assessment (PIA) 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. The Commission is in the process of updating the PIA 
to incorporate various revisions to it as a result of revisions to the 
SORN.
    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 2005, 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

[[Page 8526]]

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 
Web page 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).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-02510 Filed 2-5-13; 8:45 am]
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