[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35507-35509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14346]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0519; FR ID 35990]


Information Collection Being Submitted for Review and Approval to 
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, 
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal 
Communications Commission (FCC or the Commission) invites the general 
public and other Federal Agencies to take this opportunity to comment 
on the following information collection. Pursuant to the Small Business 
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it 
can further reduce the information collection burden for small business 
concerns with fewer than 25 employees.

DATES: Written comments and recommendations for the proposed 
information collection should be submitted on or before August 5, 2021.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be

[[Page 35508]]

considered. In addition to submitting in www.reginfo.gov also send a 
copy of your comment on the proposed information collection to Cathy 
Williams, FCC, via email to [email protected] and to [email protected]. 
Include in the comments the OMB control number as shown in the 
SUPPLEMENTARY INFORMATION 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 Title of this ICR and 
then click on the ICR Reference Number. A copy of the FCC submission to 
OMB will be displayed.

SUPPLEMENTARY INFORMATION: The Commission may not conduct or sponsor a 
collection of information unless it displays a currently valid Office 
of Management and Budget (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.
    As part of its continuing effort to reduce paperwork burdens, as 
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to 
take this opportunity to comment on the following information 
collection. 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 estimates; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (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. Pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks 
specific comment on how it might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    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: 169,369 respondents; 
191,628,905 responses.
    Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
    Frequency of Response: Annual, monthly, on occasion and one-time 
reporting requirements; Recordkeeping requirement; Third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements are 
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: 3,251,008 hours.
    Total Annual Cost: $1,357,200.
    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 was 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 rules. The Commission's rules provide consumers with 
several options for avoiding most unwanted telephone solicitations.
    The national do-not-call registry supplements the company-specific 
do-not-call rules for those consumers who wish to request 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, 
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, published at 69 FR 60311, October 8, 2004, 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 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, published at 73 FR 40183, July 14, 2008, 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 will not automatically expire based on 
the 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

[[Page 35509]]

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, originally published at 77 FR 34233, 
June 11, 2012, and later corrected at 77 FR 66935, November 8, 2012, 
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; 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 TCPA requirements 
informational artificial or prerecorded voice message calls to 
residential lines. On December 30, 2020, the Commission released a 
Report and Order in CG Docket No. 02-278, FCC 20-186, published at 86 
FR 11443, February 25, 2021, amending the TCPA exemptions for 
artificial or prerecorded voice calls made to residential telephone 
lines so each satisfies the TRACED Act's requirements to identify who 
can call, who can be called, and any call limits. The Commission 
adopted limits on the number of calls that can be made under the 
exemptions for non-commercial calls to a residence; commercial calls to 
a residence that do not include an advertisement or constitute 
telemarketing; tax-exempt nonprofit organization calls to a residence; 
and Health Insurance Portability and Accountability Act (HIPAA)-related 
calls to a residence. In addition, callers must have mechanisms in 
place to allow consumers to opt out of any future calls. This action 
will empower consumers to further limit the number of unwanted 
robocalls made under any TCPA exemption.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-14346 Filed 7-2-21; 8:45 am]
BILLING CODE 6712-01-P