[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53424-53425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se08-48]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
September 9, 2008.
SUMMARY: The Federal Communications Commission, 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 collections, as required by the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. 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
[[Page 53425]]
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.
DATES: Written PRA comments should be submitted on or before October
16, 2008. 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 listed below as soon as
possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov
or via fax at (202) 395-5167; and to Cathy Williams, Federal
Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC 20554, or via Internet at Cathy.Williams@fcc.gov and/or
PRA@fcc.gov. Include in the comments the OMB control number of the
collection as shown in the ``SUPPLEMENTARY INFORMATION'' section below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s), contact Cathy Williams at (202) 418-
2918, or via Internet at Cathy.Williams@fcc.gov, and/or PRA@fcc.gov. 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: 3060-0519.
Title: Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, CG Docket No. 02-278.
Form Number: Not applicable.
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: 49,397 respondents;
135,607,383 responses.
Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third-party disclosure requirement.
Total Annual Burden: 625,406 hours.
Total Annual Cost: $4,590,000.
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.
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.'' 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 was
completed on June 28, 2007. It may be reviewed at: http://www.fcc.gov/
omd/privacyact/Privacy_Impact_Assessment.html.
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.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-21603 Filed 9-15-08; 8:45 am]
BILLING CODE 6712-01-P