[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13540-13542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6139]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Being Submitted to the
Office of Management and Budget for Review and Approval, Comments
Requested
March 16, 2010.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden 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, 44 U.S.C. 3501-3520. 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
Paperwork Reduction Act (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 clarity
of the information collected; (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 and (e) ways to further reduce the information burden for
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 Paperwork Reduction Act (PRA) that does not
display a valid control number.
DATES: Persons wishing to comment on this information collection should
submit comments by April 21, 2010. 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 Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax at (202) 395-5167, or via e-mail
to [email protected] and to Cathy Williams, Federal
Communications Commission (FCC), via e-mail to [email protected]
and to [email protected]. To view a copy of this information collection
request (ICR) submitted to OMB: (1) Go to 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, and
(6) when the FCC list appears, look for the title of this ICR (or its
OMB Control Number, if there is one) and then click on the ICR.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collections send an e-mail to [email protected] or contact Cathy
Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0874.
Title: FCC Form 2000 A through F, FCC Form 475-B, FCC Form 1088 A
through H, and FCC Form 501 - Consumer Complaint Forms: General
Complaints, Obscenity or Indecency Complaints, Complaints under the
Telephone Consumer Protection Act, and Slamming Complaints.
Form Number(s): FCC Form 2000 A through F, FCC Form 475-B, FCC Form
1088 A through H, and FCC Form 501.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit
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entities; Not-for-profit institutions; State, local or Tribal
Government.
Number of Respondents and Responses: 518,193 respondents and
518,193 responses.
Estimated Time per Response: 15 to 30 minutes per form on average.
Frequency of Response: On occasion reporting requirement.
Total Annual Burden: 195,704 hours.
Total Annual Cost: None.
Obligation to Respond: Voluntary.
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: The FCC Form 2000 Consumer Complaint Forms asks the
complainants to provide their contact information, including address,
telephone number, and e-mail address, and to briefly describe the
nature of the complaint, including the communications entities against
which the complaint is lodged, the consumer's account number(s), if
applicable, the date(s) on which the incident(s) occurred, and the type
of resolution the consumer is seeking. The Commission uses the
information to resolve the consumer's informal complaint(s). The FCC
Form 2000 A through F will remain unchanged.
The FCC Form 475-B Consumer Complaint Form asks complainants to
provide their contact information, including address, telephone number,
and e-mail address, and to describe their complaint(s) and issue(s)
concerning the practices of telecommunications entities, which they
believe may have aired obscene, profane, and/or indecent programming.
The FCC Form 475-B will remain unchanged.
The FCC Form 1088 Consumer Complaint Form asks complainants to
provide their contact information, including address, telephone number,
and e-mail address, and to describe their complaints and issues
regarding ``Do Not Call'' and ``Junk Fax'' as well as other related
consumer protection issues such as prerecorded messages, automatic
telephone dialing systems, and unsolicited commercial e-mail messages
to wireless telecommunications devices. The FCC Form 1088 A through H
will remain unchanged.
The FCC Form 501 Consumer Complaint Form asks complainants to
provide their contact information, including address, telephone number,
and e-mail address, and to describe their complaints and issues
regarding alleged slamming violations. The FCC Form 501 will remain
unchanged.
All of the FCC Complaint Forms are being consolidated into this
collection (and being deleted from OMB Control Number 3060-1088 and
discontinued in OMB Control Number 3060-0968) in order to allow the
Commission to better manage all forms used to collect informal consumer
complaints.
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: Revision 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: 5,000,000 respondents;
5,122,500 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, Pub. L. No. 102-243, 105 Stat. 2394
(1991); Junk Fax Prevention Act, Pub. L. No. 109-21, 119 Stat. 359
(2005).
Total Annual Burden: 3,311,250 hours.
Total Annual Cost: $8,000,000.
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
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
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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 webpage 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,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-6139 Filed 3-19-10; 8:45 am]
BILLING CODE 6712-01-S