[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15220-15221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07393]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1084 and OMB 3060-1088]
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: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995, the
Federal Communication 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 a collection
of information subject to the PRA that does not display a valid OMB
control number.
DATES: Written comments should be submitted on or before May 15, 2019.
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
email [email protected]; and to Cathy Williams, FCC, via
email [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 Number: 3060-1084.
Title: Rules and Regulations Implementing Minimum Customer Account
Record Exchange Obligations on All Local and Interexchange Carriers
(CARE).
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 2,989 respondents; 665,248
responses.
Estimated Time per Response: 1 minute (.017 hours) to 20 minutes
(.33 hours).
Frequency of Response: Recordkeeping and annual reporting
requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for these information requirements are found in
sections 1-4, 201, 202, 222, 258, and 303(r) of the Communications Act
of 1934, as amended; 47 U.S.C. 151-154, 201, 202, 222, 258, and 303(r).
Total Annual Burden: 54,900 hours.
Total Annual Cost: None.
Nature and Extent of Confidentiality: Confidentiality is not an
issue as individuals and/or households are not required to provide
personally identifiable information.
Privacy Impact Assessment: No impact(s).
Needs and Uses: In the 2005 Report and Order and Further Notice of
[[Page 15221]]
Proposed Rulemaking, In the Matter of Rules and Regulations
Implementing Minimum Customer Account Record Exchange Obligations on
All Local and Interexchange Carriers (2005 Report and Order), CG Docket
No. 02-386, FCC 05-29, which was released on February 25, 2005, the
Commission adopted rules governing the exchange of customer account
information between local exchange carriers (LECs) and interexchange
carriers (IXCs). The Commission concluded that mandatory, minimum
standards are needed in light of record evidence demonstrating that
information needed by carriers to execute customer requests and
properly bill customers is not being consistently provided by all LECs
and IXCs. Specifically, the 2005 Report and Order requires LECs to
supply customer account information to IXCs when: (1) The LEC places an
end user on, or removes an end user from, an IXC's network; (2) an end
user presubscribed to an IXC makes certain changes to her account
information via her LEC; (3) an IXC requests billing name and address
information for an end user who has usage on an IXC's network but for
whom the IXC does not have an existing account; and (4) a LEC rejects
an IXC-initiated PIC order. The 2005 Report and Order required IXCs to
notify LECs when an IXC customer informs an IXC directly of the
customer's desire to change IXCs. In the accompanying Further Notice of
Proposed Rulemaking, the Commission sought comment on whether to
require the exchange of customer account information between LECs. In
December 2007, the Commission declined to adopt mandatory LEC-to-LEC
data exchange requirements.
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: 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;
6,051,545 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.
Obligation to Respond: Required to obtain or retain benefits. The
authorizing statutes for this information collection are: Telephone
Consumer Protection Act of 1991, Public Law 102-243. 105 Stat. 2394
(1991); Junk Fax Prevention Act, Public Law 109-21, 119 Stat. 359
(2005).
Total Annual Burden: 3,670,945 hours.
Total Annual Cost: $1,051,042.00.
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,
Inquiries and Requests for Dispute Assistance'', which became effective
on September 24, 2014.
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
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 website.
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.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2019-07393 Filed 4-12-19; 8:45 am]
BILLING CODE 6712-01-P