81 FR 7099 - Information Collection Being Reviewed by the Federal Communications Commission
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 27 (February 10, 2016)
Federal Register Volume 81, Issue 27 (February 10, 2016)
| Page Range | 7099-7100 | |
| FR Document | 2016-02637 |
[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)] [Notices] [Pages 7099-7100] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02637] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1088] 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 April 11, 2016. If you anticipate that you will be [[Page 7100]] 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 [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: 3060-1088. 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; 6,054,155 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 requirement; and Third party disclosure requirement. 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: 3,672,250 hours. Total Annual Cost: $928,042. 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 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. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2016-02637 Filed 2-9-16; 8:45 am] BILLING CODE 6712-01-P
![Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices 7099
statement to inform applicants applies for a license to cover the a standard format but be available to a
(respondents) of the Commission’s need construction permit. wider audience. This eliminates or at
to obtain the information and the In the case of organizational least minimizes the need to follow-up
protections that the FCC has in place to structures that include holding with the customers to obtain all the
protect the PII. companies or other forms of indirect information necessary to respond to
FRNs are assigned to applicants who ownership, a separate FCC Form 323 their request. This form also helps
complete FCC Form 160 (OMB Control must be filed for each entity in the presort requests into previously defined
No. 3060–0917). Form 160 requires organizational structure that has an categories to all staff to respond more
applicants for FRNs to provide their attributable interest in the Licensee if quickly.
Taxpayer Information Number (TIN) the filing is a nonbiennial filing or a Federal Communications Commission.
and/or Social Security Number (SSN). reportable interest in the Licensee if the
Marlene H. Dortch,
The FCC’s electronic CORES filing is a biennial filing.
Registration System then provides each We are requesting the three year Secretary, Office of the Secretary.
registrant with a FCC Registration extension of this information collection. [FR Doc. 2016–02683 Filed 2–9–16; 8:45 am]
Number (FRN), which identifies the OMB Control No.: 3060–1042. BILLING CODE 6712–01–P
registrant in his/her subsequent dealings Title: Request for Technical Support—
with the FCC. This is done to protect the Help Request Form.
individual’s privacy. The Commission Form No.: N/A—Electronic only. FEDERAL COMMUNICATIONS
maintains a SORN, FCC/OMD–9, Type of Review: Extension of COMMISSION
‘‘Commission Registration System currently approved collection. [OMB 3060–1088]
(CORES)’’ to cover the collection, Respondents: Individuals or
purpose(s), storage, safeguards, and household; business or other for-profit; Information Collection Being Reviewed
disposal of the PII that individual not-for-profit institutions; and state, by the Federal Communications
respondents may submit on FCC Form local or tribal government. Commission
160. FCC Form 160 includes a privacy Number of Respondents and
statement to inform applicants Responses: 36,300 respondents and AGENCY: Federal Communications
(respondents) of the Commission’s need 36,300 responses. Commission.
to obtain the information and the Estimated Time per Response: 8 ACTION: Notice and request for
protections that the FCC has in place to minutes (0.14 hours). comments.
protect the PII. Frequency of Response: On occasion
reporting requirement and SUMMARY: As part of its continuing effort
Privacy Act Impact Assessment: The
recordkeeping requirement. to reduce paperwork burdens, and as
Commission is drafting a Privacy Impact
Obligation to Respond: Required to required by the Paperwork Reduction
Assessment for the PII that is covered by
obtain or retain benefits. Act (PRA) of 1995 (44 U.S.C. 3501–
FCC/MB–1 SORN. Upon completion of
Total Annual Burden: 5,082 hours. 3520), the Federal Communications
the PIA, it will be posted on the FCC
Web page, as required by the Office of Total Annual Cost: $609,840. Commission (FCC or Commission)
Management and Budget (OMB) Privacy Act Impact Assessment: invites the general public and other
Memorandum, M–03–22 (September 22, Possible Impacts. Federal agencies to take this
2003). Nature and Extent of Confidentiality: opportunity to comment on the
Needs and Uses: Licensees of In general there is no need for following information collections.
commercial AM, FM, and full power confidentiality. On a case by case basis, Comments are requested concerning:
television broadcast stations, as well as the Commission may be required to Whether the proposed collection of
licensees of Class A and Low Power withhold from disclosure certain information is necessary for the proper
Television stations must file FCC Form information about the location, performance of the functions of the
323 every two years. Ownership Reports character, or ownership of a historic Commission, including whether the
shall provide information accurate as of property, including traditional religious information shall have practical utility;
October 1 of the year in which the sites. Needs and Uses: The Commission the accuracy of the Commission’s
Report is filed. Thereafter, the Form will submit this collection as an burden estimate; ways to enhance the
shall be filed biennially beginning extension (no change in frequency of quality, utility, and clarity of the
November 1, 2011, and every two years recordkeeping or reporting information collected; ways to minimize
thereafter. requirements) to the OMB after this 60 the burden of the collection of
Also, Licensees and Permittees of day comment period to obtain the full information on the respondents,
commercial AM, FM, or full power three-year clearance from them. including the use of automated
television stations must file Form 323 The FCC’s maintains Internet software collection techniques or other forms of
following the consummation of a used by the public to apply for licenses, information technology; and ways to
transfer of control or an assignment of participate in auctions for spectrum, further reduce the information
a commercial AM, FM, or full power and maintain license information. In collection burden on small business
television station license or construction this mission, FCC has a ‘help desk’ that concerns with fewer than 25 employees.
permit; a Permittee of a new commercial answers questions related to these The FCC may not conduct or sponsor a
AM, FM or full power television systems as well as resetting and/or collection of information unless it
displays a currently valid OMB control
asabaliauskas on DSK9F6TC42PROD with NOTICES2
broadcast station must file Form 323 issuing user passwords for access to
within 30 days after the grant of the these systems. The form currently is number. No person shall be subject to
construction permit; and a Permittee of available on the Web site https:// any penalty for failing to comply with
a new commercial AM, FM, or full esupport.fcc.gov/request.htm under a collection of information subject to the
power television broadcast station must OMB Control Number 3060–1042. This PRA that does not display a valid OMB
file Form 323 to update the initial report form will continue to substantially control number.
or to certify the continuing accuracy and decrease public and staff burden since DATES: Written PRA comments should
completeness of the previously filed all the information needed to facilitate be submitted on or before April 11,
report on the date that the Permittee a support request will be submitted in 2016. If you anticipate that you will be
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![7100 Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices
submitting comments, but find it Needs and Uses: On April 5, 2006, the page to which recipients are directed in
difficult to do so within the period of Commission adopted a Report and the opt-out notice satisfies the
time allowed by this notice, you should Order and Third Order on requirement that such a description
advise the contact listed below as soon Reconsideration, In the Matter of Rules appear on the first page of the Web site.
as possible. and Regulations Implementing the The Commission believes these
ADDRESSES: Direct all PRA comments to Telephone Consumer Protection Act of clarifications will assist senders of
Cathy Williams, FCC, via email PRA@ 1991; Junk Fax Prevention Act of 2005, facsimile advertisements in complying
fcc.gov and to Cathy.Williams@fcc.gov. CG Docket Nos. 02–278 and 05–338, with the Commission’s rules in a
FOR FURTHER INFORMATION CONTACT: For FCC 06–42, which modified the manner that minimizes regulatory
additional information about the Commission’s facsimile advertising compliance costs while maintaining the
information collection, contact Cathy rules to implement the Junk Fax protections afforded consumers under
Williams at (202) 418–2918. Prevention Act. The Report and Order the Telephone Consumer Protection Act
SUPPLEMENTARY INFORMATION: and Third Order on Reconsideration (TCPA).
OMB Control Number: 3060–1088. contained information collection
Federal Communications Commission.
Title: Rules and Regulations requirements pertaining to: (1) Opt-out
Notice and Do-Not-Fax Requests Gloria J. Miles,
Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, Report Recordkeeping in which the rules Federal Register Liaison Officer, Office of the
require senders of unsolicited facsimile Secretary.
and Order and Third Order on
Reconsideration, CG Docket No. 05–338, advertisements to include a notice on [FR Doc. 2016–02637 Filed 2–9–16; 8:45 am]
FCC 06–42. the first page of the facsimile that BILLING CODE 6712–01–P
Form Number: N/A. informs the recipient of the ability and
Type of Review: Extension of a means to request that they not receive
currently approved collection. future unsolicited facsimile
Respondents: Business or other for- advertisements from the sender; (2) FEDERAL DEPOSIT INSURANCE
profit entities; Not-for-profit Established Business Relationship CORPORATION
institutions; and Individuals or Recordkeeping whereas the Junk Fax
households. Prevention Act provides that the sender, Notice to All Interested Parties of the
Number of Respondents and e.g., a person, business, or a nonprofit/ Termination of the Receivership of
Responses: 5,340,000 respondents; institution, is prohibited from faxing an 10293, Haven Trust Bank Florida,
6,054,155 responses. unsolicited advertisement to a facsimile Ponte Vedra Beach, Florida
Estimated Time per Response: 3 machine unless the sender has an
minutes (.05 hours) to 30 minutes (.50 Notice is hereby given that the Federal
‘‘established business relationship’’ Deposit Insurance Corporation (‘‘FDIC’’)
hours). (EBR) with the recipient; (3) Facsimile
Frequency of Response: Annual, as Receiver for Haven Trust Bank
Number Recordkeeping in which the Florida, Ponte Vedra Beach, Florida
monthly, and on occasion reporting Junk Fax Prevention Act provides that
requirements; Recordkeeping (‘‘the Receiver’’) intends to terminate its
an EBR alone does not entitle a sender receivership for said institution. The
requirement; and Third party disclosure to fax an advertisement to an individual
requirement. FDIC was appointed receiver of Haven
or business. The fax number must also Trust Bank Florida on September 24,
Obligation to Respond: Required to
be provided voluntarily by the recipient; 2010. The liquidation of the
obtain or retain benefits. The
and (4) Express Invitation or Permission receivership assets has been completed.
authorizing statutes for this information
Recordkeeping where in the absence of To the extent permitted by available
collection are: Telephone Consumer
an EBR, the sender must obtain the prior funds and in accordance with law, the
Protection Act of 1991, Public Law 102–
express invitation or permission from Receiver will be making a final dividend
243. 105 Stat. 2394 (1991); Junk Fax
the consumer before sending the payment to proven creditors.
Prevention Act, Public Law 109–21, 119
facsimile advertisement.
Stat. 359 (2005). Based upon the foregoing, the
Total Annual Burden: 3,672,250 On October 14, 2008, the Commission
Receiver has determined that the
hours. released an Order on Reconsideration,
continued existence of the receivership
Total Annual Cost: $928,042. FCC 08–239, addressing certain issues
will serve no useful purpose.
Nature and Extent of Confidentiality: raised in petitions for reconsideration
Consequently, notice is given that the
Confidentiality is an issue to the extent and/or clarification filed in response to
receivership shall be terminated, to be
that individuals and households the Commission’s Report and Order and
effective no sooner than thirty days after
provide personally identifiable Third Order on Reconsideration (Junk
the date of this Notice. If any person
information, which is covered under the Fax Order), FCC 06–42. In document
wishes to comment concerning the
FCC’s updated system of records notice FCC 08–239, the Commission clarified
termination of the receivership, such
(SORN), FCC/CGB–1, ‘‘Informal that: (1) Facsimile numbers compiled by
comment must be made in writing and
Complaints, Inquiries and Requests for third parties on behalf of the facsimile
sent within thirty days of the date of
Dispute Assistance,’’ which became sender will be presumed to have been
this Notice to: Federal Deposit
effective on September 24, 2014. made voluntarily available for public
Insurance Corporation, Division of
Privacy Impact Assessment: The distribution so long as they are obtained
Resolutions and Receiverships,
asabaliauskas on DSK9F6TC42PROD with NOTICES2
Privacy Impact Assessment (PIA) for from the intended recipient’s own
Attention: Receivership Oversight
Informal Complaints and Inquiries was directory, advertisement, or Internet
Department 32.1, 1601 Bryan Street,
completed on June 28, 2007. It may be site; (2) reasonable steps to verify that a
Dallas, TX 75201.
reviewed at http://www.fcc.gov/omd/ recipient has agreed to make available a
privacyact/Privacy_Impact_ facsimile number for public distribution No comments concerning the
Assessment.html. The Commission is in may include methods other than direct termination of this receivership will be
the process of updating the PIA to contact with the recipient; and (3) a considered which are not sent within
incorporate various revisions to it as a description of the facsimile sender’s this time frame.
result of revisions to the SORN. opt-out mechanism on the first Web Dated: February 5, 2016.
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Document Created: 2016-02-10 00:19:35
Document Modified: 2016-02-10 00:19:35
| 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 April 11, 2016. 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 | 81 FR 7099 |
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