[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76586-76588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26551]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0519]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or Commission) 
invites the general public and other Federal agencies to take this 
opportunity to comment on the following information collections. 
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 OMB control number. No person 
shall be subject to any penalty for failing to comply with

[[Page 76587]]

a collection of information subject to the PRA that does not display a 
valid OMB control number.

DATES: Written PRA comments should be submitted on or before January 3, 
2017. 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 to 
[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 
Protection Act (TCPA) of 1991, CG Docket No. 02-278. Form Number: N/A. 
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: 36,548 respondents; 
147,434,797 responses.
    Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
    Frequency of Response: Recordkeeping requirement; Annual, on 
occasion and one-time reporting requirements; 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: 666,598 hours. Total Annual Cost: $2,745,000.
    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 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, 
Inquiries, and Requests for Dispute Assistance'', in the Federal 
Register on August 15, 2014 (79 FR 48152) which became effective on 
September 24, 2014. A system of records for the do-not-call registry 
was created by the Federal Trade Commission (FTC) under the Privacy 
Act. The FTC originally published a notice in the Federal Register 
describing the system. See 68 FR 37494, June 24, 2003. The FTC updated 
its system of records for the do-not-call registry in 2009. See 74 FR 
17863, April 17, 2009.
    Privacy Impact Assessment: Yes.
    Needs and Uses: The reporting requirements included under this OMB 
Control Number 3060-0519 enable the Commission to gather information 
regarding violations of Section 227 of the Communications Act, the Do-
Not-Call Implementation Act (Do-Not-Call Act), and the Commission's 
implementing rules. If the information collection were not conducted, 
the Commission would be unable to track and enforce violations of 
Section 227 of the Communications Act, the Do-Not-Call Act, or the 
Commission's implementing rules. The Commission's implementing rules 
provide consumers with protections from many unwanted telephone 
solicitations and other commercial calls.
    The National Do-Not-Call Registry supplements the company-specific 
do-not-call rules for those consumers who wish to continue requesting 
that particular companies not call them. Any company that is asked by a 
consumer, including an existing customer, not to call again must honor 
that request for five (5) years.
    A provision of the Commission's rules, however, allows consumers to 
give specific companies permission to call them through an express 
written agreement. Nonprofit organizations 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 callers will not be 
liable for placing autodialed and prerecorded message calls to numbers 
ported from a wireline service to a wireless 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 Registry every 31 days.
    On June 17, 2008, in accordance with the Do-Not-Call Improvement 
Act of 2007, the Commission revised 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. The Commission released a Report and Order in CG Docket No. 02-
278, FCC 08-147, amending the Commission's rules under the TCPA to 
require sellers and/or telemarketers to honor registrations with the 
National Do-Not-Call Registry so that registrations would not 
automatically expire based on the then-current five year registration 
period. Specifically, the Commission modified 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.
    On February 15, 2012, the Commission released a Report and Order in 
CG Docket No. 02-278, FCC 12-21, revising its rules to: (1) Require 
prior express written consent for all autodialed or prerecorded 
telemarketing calls to wireless numbers and for all prerecorded 
telemarketing calls to residential lines; (2) eliminate the established 
business relationship exception to the consent requirement for 
prerecorded telemarketing calls to residential lines; (3) require 
telemarketers to include an automated, interactive opt-out mechanism in 
all prerecorded telemarketing calls, to allow consumers more easily to 
opt out of future robocalls during a robocall itself; and (4) require 
telemarketers to comply with the 3% limit on abandoned calls during 
each calling campaign, in order to discourage intrusive calling 
campaigns. Finally, the Commission also exempted from the Telephone 
Consumer Protection Act requirements prerecorded calls to residential 
lines made by health care-related entities governed by the Health 
Insurance Portability and Accountability Act of 1996.
    On August 11, 2016, the Commission released a Report and Order in 
CG Docket No. 02-278, FCC 16-99, adopting rules to implement the TCPA 
amendments Congress enacted in Section 301 of the Bipartisan Budget Act 
of 2015. The Commission adopted rules implementing the law's exception 
from the prior express consent requirement for autodialed or 
prerecorded calls to wireless numbers ``solely to collect a debt owed 
to or guaranteed by the United States,'' and placing limits on the 
number and duration of autodialed or prerecorded calls to wireless 
numbers ``to collect a debt owed or guaranteed by the United States.'' 
Federal government callers and contractors making these calls on behalf 
of the federal government, without prior express consent of the called 
party, may call the person or persons responsible for paying the debt 
at one of three phone numbers specified in the rules, may call three 
times during a 30-day period, may call between 8:00 a.m. and 9:00 p.m. 
local

[[Page 76588]]

time at the debtor's location, may not call once the debtor requests 
that the calls cease, and must transfer the stop-call request to the 
new servicer if the debt servicer changes. Callers must notify debtors 
of their right to request that no further autodialed or prerecorded 
calls be made to the debtor for the life of the debt. Prerecorded calls 
may not exceed 60 seconds, excluding required disclosures and stop-
calling instructions. Text messages are limited to 160 characters, 
including required disclosures, which may be sent in a separate text 
message. Calls may be made (1) once the debt is delinquent and, (2) if 
the debt is not yet delinquent, then after one of the following events 
and in the 30 days before one of the following events: the end of a 
grace, deferment, or forbearance period; expiration of an alternative 
payment arrangement; or occurrence of a similar time-sensitive event or 
deadline affecting the amount or timing of payments due.

Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2016-26551 Filed 11-2-16; 8:45 am]
 BILLING CODE 6712-01-P