80 FR 23547 - Information Collection Being Reviewed by the Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 81 (April 28, 2015)
Federal Register Volume 80, Issue 81 (April 28, 2015)
| Page Range | 23547-23548 | |
| FR Document | 2015-09799 |
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)] [Notices] [Pages 23547-23548] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09799] [[Page 23547]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 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 June 29, 2015. 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: 34,948 respondents; 147,368,997 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: 666,138 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 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 implementing rules. The Commission's implementing 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 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, 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 Registry 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, 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 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 modified section 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 [[Page 23548]] 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. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of the Managing Director. [FR Doc. 2015-09799 Filed 4-27-15; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices 23547
FEDERAL COMMUNICATIONS Protection Act (TCPA) of 1991, CG implementing rules. The Commission’s
COMMISSION Docket No. 02–278. implementing rules provide consumers
Form Number: N/A. with several options for avoiding most
[OMB 3060–0519] Type of Review: Revision of a unwanted telephone solicitations.
currently approved collection. The national do-not-call registry
Information Collection Being Reviewed Respondents: Business or other for- supplements the company-specific do-
by the Federal Communications profit entities; Individuals or not-call rules for those consumers who
Commission households; Not-for-profit institutions. wish to continue requesting that
AGENCY: Federal Communications Number of Respondents and particular companies not call them. Any
Commission. Responses: 34,948 respondents; company that is asked by a consumer,
ACTION: Notice and request for 147,368,997 responses. including an existing customer, not to
comments. Estimated Time per Response: .004 call again must honor that request for
hours (15 seconds) to 1 hour. five (5) years.
SUMMARY: As part of its continuing effort Frequency of Response: A provision of the Commission’s
to reduce paperwork burdens, and as Recordkeeping requirement; Annual, on rules, however, allows consumers to
required by the Paperwork Reduction occasion and one-time reporting give specific companies permission to
Act (PRA) of 1995 (44 U.S.C. 3501– requirements; Third party disclosure call them through an express written
3520), the Federal Communications requirement. agreement. Nonprofit organizations,
Commission (FCC or Commission) Obligation to Respond: Required to companies with whom consumers have
invites the general public and other obtain or retain benefits. The statutory an established business relationship,
Federal agencies to take this authority for the information collection and calls to persons with whom the
opportunity to comment on the requirements is found in the Telephone telemarketer has a personal relationship
following information collections. Consumer Protection Act of 1991 are exempt from the ‘‘do-not-call’’
Comments are requested concerning: (TCPA), Public Law 102–243, December registry requirements.
whether the proposed collection of 20, 1991, 105 Stat. 2394, which added On September 21, 2004, the
information is necessary for the proper section 227 of the Communications Act Commission released the Safe Harbor
performance of the functions of the of 1934, [47 U.S.C. 227] Restrictions on Order establishing a limited safe harbor
Commission, including whether the the Use of Telephone Equipment. in which persons will not be liable for
information shall have practical utility; Total Annual Burden: 666,138 hours. placing autodialed and prerecorded
the accuracy of the Commission’s Total Annual Cost: $2,745,000. message calls to numbers ported from a
burden estimate; ways to enhance the Nature and Extent of Confidentiality: wireline service within the previous 15
quality, utility, and clarity of the Confidentiality is an issue to the extent days. The Commission also amended its
information collected; ways to minimize that individuals and households existing National Do-Not-Call Registry
the burden of the collection of provide personally identifiable safe harbor to require telemarketers to
information on the respondents, information, which is covered under the scrub their lists against the Registry
including the use of automated FCC’s system of records notice (SORN), every 31 days.
collection techniques or other forms of FCC/CGB–1, ‘‘Informal Complaints and On December 4, 2007, the
information technology; and ways to Inquiries.’’ As required by the Privacy Commission released the DNC NPRM
further reduce the information Act, 5 U.S.C. 552a, the Commission also seeking comment on its tentative
collection burden on small business published a SORN, FCC/CGB–1 conclusion that registrations with the
concerns with fewer than 25 employees. ‘‘Informal Complaints, Inquiries, and Registry should be honored indefinitely,
The FCC may not conduct or sponsor Requests for Dispute Assistance’’, in the unless a number is disconnected or
a collection of information unless it Federal Register on August 15, 2014 (79 reassigned or the consumer cancels his
displays a currently valid OMB control FR 48152) which became effective on registration.
number. No person shall be subject to September 24, 2014. A system of records On June 17, 2008, in accordance with
for the do-not-call registry was created the Do-Not-Call Improvement Act of
any penalty for failing to comply with
by the Federal Trade Commission (FTC) 2007, the Commission revised its rules
a collection of information subject to the
under the Privacy Act. The FTC to minimize the inconvenience to
PRA that does not display a valid OMB
originally published a notice in the consumers of having to re-register their
control number.
Federal Register describing the system. preferences not to receive telemarketing
DATES: Written PRA comments should
See 68 FR 37494, June 24, 2003. The calls and to further the underlying goal
be submitted on or before June 29, 2015. of the National Do-Not-Call Registry to
FTC updated its system of records for
If you anticipate that you will be protect consumer privacy rights. The
the do-not-call registry in 2009. See 74
submitting comments, but find it Commission released a Report and
FR 17863, April 17, 2009.
difficult to do so within the period of Order in CG Docket No. 02–278, FCC
Privacy Impact Assessment: Yes.
time allowed by this notice, you should Needs and Uses: The reporting 08–147, amending the Commission’s
advise the contact listed below as soon requirements included under this OMB rules under the Telephone Consumer
as possible. Control Number 3060–0519 enable the Protection Act (TCPA) to require sellers
ADDRESSES: Direct all PRA comments to Commission to gather information and/or telemarketers to honor
Cathy Williams, FCC, via email to PRA@ regarding violations of section 227 of registrations with the National Do-Not-
fcc.gov and to Cathy.Williams@fcc.gov. the Communications Act, the Do-Not- Call Registry so that registrations will
asabaliauskas on DSK5VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: For Call Implementation Act (Do-Not-Call not automatically expire based on the
additional information about the Act), and the Commission’s current five year registration period.
information collection, contact Cathy implementing rules. If the information Specifically, the Commission modified
Williams at (202) 418–2918. collection was not conducted, the section 64.1200(c)(2) of its rules to
SUPPLEMENTARY INFORMATION: OMB Commission would be unable to track require sellers and/or telemarketers to
Control Number: 3060–0519. and enforce violations of section 227 of honor numbers registered on the
Title: Rules and Regulations the Communications Act, the Do-Not- Registry indefinitely or until the number
Implementing the Telephone Consumer Call Act, or the Commission’s is removed by the database
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![23548 Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices
administrator or the registration is DATES:May 13, 2015; July 17, 2015; Federal Communications Commission.
cancelled by the consumer. August 4, 2015. Marlene H. Dortch,
On February 15, 2012, the Secretary.
Commission released a Report and ADDRESSES: Federal Communications
[FR Doc. 2015–09783 Filed 4–27–15; 8:45 am]
Order in CG Docket No. 02–278, FCC Commission, Room TW–C305
(Commission Meeting Room), 445 12th BILLING CODE 6712–01–P
12–21, revising its rules to: (1) require
prior express written consent for all Street SW., Washington, DC 20554.
autodialed or prerecorded telemarketing FOR FURTHER INFORMATION CONTACT: For FEDERAL COMMUNICATIONS
calls to wireless numbers and for all additional information on this COMMISSION
prerecorded telemarketing calls to proceeding, contact Brendan Murray,
residential lines; (2) eliminate the [OMB 3060–0986]
Brendan.Murray@fcc.gov, of the Media
established business relationship Bureau, Policy Division, (202) 418–1573 Information Collection Being Reviewed
exception to the consent requirement for or Nancy Murphy, Nancy.Murphy@ by the Federal Communications
prerecorded telemarketing calls to fcc.gov, of the Media Bureau, (202) 418– Commission
residential lines; (3) require 1043.
telemarketers to include an automated, AGENCY: Federal Communications
interactive opt-out mechanism in all SUPPLEMENTARY INFORMATION: The Commission.
prerecorded telemarketing calls, to meetings will be held on May 13, 2015, ACTION: Notice and request for
allow consumers more easily to opt out July 7, 2015, and August 4, 2015, from comments.
of future robocalls during a robocall 10:00 a.m. to 4:00 p.m. in the
itself; and (4) require telemarketers to Commission Meeting Room of the SUMMARY: As part of its continuing effort
comply with the 3% limit on abandoned Federal Communications Commission, to reduce paperwork burdens, and as
calls during each calling campaign, in Room TW–C305, 445 12th Street SW., required by the Paperwork Reduction
order to discourage intrusive calling Washington, DC 20554. Act (PRA) of 1995 (44 U.S.C. 3501–
campaigns. The DSTAC is a Federal Advisory 3520), the Federal Communications
Finally, the Commission also Committee that will ‘‘identify, report, Commission (FCC or the Commission)
exempted from the Telephone and recommend performance objectives, invites the general public and other
Consumer Protection Act requirements technical capabilities, and technical Federal agencies to take this
prerecorded calls to residential lines standards of a not unduly burdensome, opportunity to comment on the
made by health care-related entities uniform, and technology- and platform- following information collection.
governed by the Health Insurance neutral software-based downloadable Comments are requested concerning:
Portability and Accountability Act of security system.’’ whether the proposed collection of
1996. information is necessary for the proper
The meetings on May 13, 2015, July performance of the functions of the
Federal Communications Commission.
7, 2015, and August 4, 2015 will be the Commission, including whether the
Marlene H. Dortch, fourth, fifth, and sixth meetings of the
Secretary, Office of the Secretary, Office of
information shall have practical utility;
DSTAC. The FCC will attempt to the accuracy of the Commission’s
the Managing Director.
accommodate as many attendees as burden estimate; ways to enhance the
[FR Doc. 2015–09799 Filed 4–27–15; 8:45 am] possible; however, admittance will be quality, utility, and clarity of the
BILLING CODE 6712–01–P limited to seating availability. The information collected; ways to minimize
Commission will provide audio and/or the burden of the collection of
video coverage of the meeting over the information on the respondents,
FEDERAL COMMUNICATIONS
Internet from the FCC’s Web page at including the use of automated
COMMISSION
http://www.fcc.gov/live. The public may collection techniques or other forms of
Federal Advisory Committee Act; submit written comments before the information technology; and ways to
Downloadable Security Technology meeting to Brendan Murray, DSTAC further reduce the information
Advisory Committee Designated Federal Officer, by email to collection burden on small business
DSTAC@fcc.gov or by U.S. Postal concerns with fewer than 25 employees
AGENCY: Federal Communications Service Mail to 445 12th Street SW., The FCC may not conduct or sponsor a
Commission. Room 4–A726, Washington, DC 20554. collection of information unless it
ACTION: Notice. displays a currently valid control
Open captioning will be provided for
SUMMARY: In accordance with the this event. Other reasonable number. No person shall be subject to
Federal Advisory Committee Act, this accommodations for people with any penalty for failing to comply with
notice advises interested persons that disabilities are available upon request. a collection of information subject to the
the Federal Communications Requests for such accommodations PRA that does not display a valid Office
Commission’s (FCC or Commission) should be submitted via email to of Management and Budget (OMB)
Downloadable Security Technology fcc504@fcc.gov or by calling the control number.
Advisory Committee (DSTAC) will hold Consumer & Governmental Affairs DATES: Written PRA comments should
meetings on May 13, 2015, July 7, 2015, Bureau at (202) 418–0530 (voice), (202) be submitted on or before June 29, 2015.
and August 4, 2015. At the May and July 418–0432 (tty). Such requests should If you anticipate that you will be
asabaliauskas on DSK5VPTVN1PROD with NOTICES
meetings, the committee will discuss include a detailed description of the submitting comments, but find it
Working Group reports and any other accommodation needed. In addition, difficult to do so within the period of
topics related to the DSTAC’s work that please include a way the FCC can time allowed by this notice, you should
may arise. At the August meeting, the contact you if it needs more advise the contact listed below as soon
committee will discuss and consider a information. Please allow at least five as possible.
full draft report and any other topics days’ advance notice; last-minute ADDRESSES: Direct all PRA comments to
related to the DSTAC’s work that may requests will be accepted, but may be Nicole Ongele, FCC, via email PRA@
arise. impossible to fill. fcc.gov and to Nicole.Ongele@fcc.gov.
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Document Created: 2015-12-16 08:35:30
Document Modified: 2015-12-16 08:35:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | Written PRA comments should be submitted on or before June 29, 2015. 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. | |
| Contact | For additional information about the information collection, contact Cathy Williams at (202) 418-2918. | |
| FR Citation | 80 FR 23547 |
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