83_FR_18135 83 FR 18055 - Information Collection Being Reviewed by the Federal Communications Commission

83 FR 18055 - Information Collection Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range18055-18056
FR Document2018-08571

As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), 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 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.

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018)
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18055-18056]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08571]


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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 of 1995 (PRA), 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 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.

DATES: Written PRA comments should be submitted on or before June 25, 
2018. 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: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Individuals or 
households; Not-for-profit institutions.
    Number of Respondents and Responses: 22,503 respondents; 
140,186,983 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), Pub. L. 
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: 606,838 hours. Total Annual Cost: $1,650,600.
    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

[[Page 18056]]

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, 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 December 4, 2007, the Commission released the DNC NPRM, 
published at 72 FR 71099, December 14, 2007, 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, published at 73 FR 40183, July 14, 2008, 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 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.
    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 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 Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-08571 Filed 4-24-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                                             Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices                                          18055

                                                authorizing use of the channels.                        operation on the Federal                              submitting comments, but find it
                                                Statutory authority for these collections               Interoperability Channels conforms to                 difficult to do so within the period of
                                                are contained in 47 U.S.C. 151, 154, 301,               the terms of an agreement signed by the               time allowed by this notice, you should
                                                303, and 332 of the Communications                      SWIC or state appointed official with a               advise the contact listed below as soon
                                                Act of 1934.                                            federal user with a valid assignment                  as possible.
                                                   Total Annual Burden: 11,487 hours.                   from the National Telecommunications                  ADDRESSES: Direct all PRA comments to
                                                   Total Annual Cost: No cost.                          and Information Administration (NTIA)                 Cathy Williams, FCC, via email to PRA@
                                                   Privacy Impact Assessment: No                        which has jurisdiction over the                       fcc.gov and to Cathy.Williams@fcc.gov.
                                                impact(s).                                              channels.
                                                   Nature and Extent of Confidentiality:                                                                      FOR FURTHER INFORMATION CONTACT: For
                                                Applicants who include written                          Federal Communications Commission.                    additional information about the
                                                concurrence from their SWIC or state                    Marlene Dortch,                                       information collection, contact Cathy
                                                appointed official with their application               Secretary, Office of the Secretary.                   Williams at (202) 418–2918.
                                                to license mobile and portable units on                 [FR Doc. 2018–08572 Filed 4–24–18; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                                the Federal Interoperability Channels                   BILLING CODE 6712–01–P                                   OMB Control Number: 3060–0519.
                                                need not include any confidential                                                                                Title: Rules and Regulations
                                                information with their application.                                                                           Implementing the Telephone Consumer
                                                Nonetheless, there is a need for                        FEDERAL COMMUNICATIONS                                Protection Act (TCPA) of 1991, CG
                                                confidentiality with respect to all                     COMMISSION                                            Docket No. 02–278.
                                                applications filed with the Commission                                                                           Form Number: N/A.
                                                                                                        [OMB 3060–0519]
                                                through its Universal Licensing System                                                                           Type of Review: Extension of a
                                                (ULS). Although ULS stores all                          Information Collection Being Reviewed                 currently approved collection.
                                                information pertaining to the individual                by the Federal Communications                            Respondents: Business or other for-
                                                license via an FCC Registration Number                  Commission                                            profit entities; Individuals or
                                                (FRN), confidential information is                                                                            households; Not-for-profit institutions.
                                                accessible only by persons or entities                  AGENCY: Federal Communications                           Number of Respondents and
                                                that hold the password for each account,                Commission.                                           Responses: 22,503 respondents;
                                                and the Commission’s licensing staff.                   ACTION: Notice and request for                        140,186,983 responses.
                                                Information on private land mobile                      comments.                                                Estimated Time per Response: .004
                                                radio licensees is maintained in the                                                                          hours (15 seconds) to 1 hour.
                                                Commission’s system of records, FCC/                    SUMMARY:   As part of its continuing effort              Frequency of Response: Annual,
                                                WTB–1, ‘‘Wireless Services Licensing                    to reduce paperwork burdens, and as                   monthly, on occasion and one-time
                                                Records.’’ The licensee records will be                 required by the Paperwork Reduction                   reporting requirements; Recordkeeping
                                                publicly available and routinely used in                Act of 1995 (PRA), the Federal                        requirement; Third party disclosure
                                                accordance with subsection (b) of the                   Communications Commission (FCC or                     requirement.
                                                Privacy Act. TIN Numbers and material                   Commission) invites the general public                   Obligation to Respond: Required to
                                                which is afforded confidential treatment                and other Federal agencies to take this               obtain or retain benefits. The statutory
                                                pursuant to a request made under 47                     opportunity to comment on the                         authority for the information collection
                                                CFR 0.459 will not be available for                     following information collections.                    requirements are found in the
                                                Public inspection. Any personally                       Comments are requested concerning:                    Telephone Consumer Protection Act of
                                                identifiable information (PII) that                     Whether the proposed collection of                    1991 (TCPA), Pub. L. 102–243,
                                                individual applicants provide is covered                information is necessary for the proper               December 20, 1991, 105 Stat. 2394,
                                                by a system of records, FCC/WTB–1,                      performance of the functions of the                   which added Section 227 of the
                                                ‘‘Wireless Services Licensing Records,’’                Commission, including whether the                     Communications Act of 1934, [47 U.S.C.
                                                and these and all other records may be                  information shall have practical utility;             227] Restrictions on the Use of
                                                disclosed pursuant to the Routine Uses                  the accuracy of the Commission’s                      Telephone Equipment.
                                                as stated in this system of records                     burden estimate; ways to enhance the                     Total Annual Burden: 606,838 hours.
                                                notice.                                                 quality, utility, and clarity of the                  Total Annual Cost: $1,650,600.
                                                   Needs and Uses: This collection will                 information collected; ways to minimize                  Nature and Extent of Confidentiality:
                                                be submitted as a new collection after                  the burden of the collection of                       Confidentiality is an issue to the extent
                                                this 60-day comment period to the                       information on the respondents,                       that individuals and households
                                                Office of Management and Budget                         including the use of automated                        provide personally identifiable
                                                (OMB) in order to obtain the full three-                collection techniques or other forms of               information, which is covered under the
                                                year clearance. The purpose of requiring                information technology; and ways to                   FCC’s system of records notice (SORN),
                                                a non-federal public safety entity to                   further reduce the information                        FCC/CGB–1, ‘‘Informal Complaints and
                                                obtain written consent from its SWIC or                 collection burden on small business                   Inquiries.’’ As required by the Privacy
                                                state appointed official before                         concerns with fewer than 25 employees.                Act, 5 U.S.C. 552a, the Commission also
                                                communicating with federal                                 The FCC may not conduct or sponsor                 published a SORN, FCC/CGB–1
                                                government agencies on the Federal                      a collection of information unless it                 ‘‘Informal Complaints, Inquiries, and
                                                Interoperability Channels is to ensure                  displays a currently valid Office of                  Requests for Dispute Assistance’’, in the
                                                that the non-federal public safety entity               Management and Budget (OMB) control                   Federal Register on August 15, 2014 (79
                                                operates in accordance with the rules                   number. No person shall be subject to                 FR 48152) which became effective on
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                                                and procedures governing use of the                     any penalty for failing to comply with                September 24, 2014. A system of records
                                                federal interoperability channels and                   a collection of information subject to the            for the do-not-call registry was created
                                                does not cause inadvertent interference                 PRA that does not display a valid OMB                 by the Federal Trade Commission (FTC)
                                                during emergencies. Commission staff                    control number.                                       under the Privacy Act. The FTC
                                                will use the written concurrence from                   DATES: Written PRA comments should                    originally published a notice in the
                                                the SWIC or state appointed official to                 be submitted on or before June 25, 2018.              Federal Register describing the system.
                                                determine if an applicant’s proposed                    If you anticipate that you will be                    See 68 FR 37494, June 24, 2003. The


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                                                18056                        Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices

                                                FTC updated its system of records for                   preferences not to receive telemarketing              FEDERAL ELECTION COMMISSION
                                                the do-not-call registry in 2009. See 74                calls and to further the underlying goal
                                                                                                                                                              [Notice 2018–08]
                                                FR 17863, April 17, 2009.                               of the National Do-Not-Call Registry to
                                                   Privacy Impact Assessment: Yes.                      protect consumer privacy rights. The                  Filing Dates for the Mississippi Senate
                                                   Needs and Uses: The reporting                        Commission released a Report and                      Special Election
                                                requirements included under this OMB                    Order in CG Docket No. 02–278, FCC
                                                Control Number 3060–0519 enable the                     08–147, published at 73 FR 40183, July                AGENCY:   Federal Election Commission.
                                                Commission to gather information                                                                              ACTION: Notice of filing dates for special
                                                                                                        14, 2008, amending the Commission’s
                                                regarding violations of section 227 of                                                                        election.
                                                                                                        rules under the Telephone Consumer
                                                the Communications Act, the Do-Not-
                                                Call Implementation Act (Do-Not-Call                    Protection Act (TCPA) to require sellers              SUMMARY:   Mississippi has scheduled a
                                                Act), and the Commission’s                              and/or telemarketers to honor                         special general election on November 6,
                                                implementing rules. If the information                  registrations with the National Do-Not-               2018, to fill the U.S. Senate seat vacated
                                                collection was not conducted, the                       Call Registry so that registrations will              by Senator Thad Cochran. Under
                                                Commission would be unable to track                     not automatically expire based on the                 Mississippi law, a majority winner in a
                                                and enforce violations of section 227 of                current five-year registration period.                nonpartisan special election is declared
                                                the Communications Act, the Do-Not-                     Specifically, the Commission modified                 elected. Should no candidate achieve a
                                                Call Act, or the Commission’s                           § 64.1200(c)(2) of its rules to require               majority vote, a Special Runoff Election
                                                implementing rules. The Commission’s                    sellers and/or telemarketers to honor                 will be held on November 27, 2018,
                                                implementing rules provide consumers                    numbers registered on the Registry                    between the top two vote-getters.
                                                with several options for avoiding most                  indefinitely or until the number is                      Committees participating in the
                                                unwanted telephone solicitations.                       removed by the database administrator                 Mississippi special elections are
                                                   The national do-not-call registry                    or the registration is cancelled by the               required to file pre- and post-election
                                                supplements the company-specific do-                                                                          reports. Filing dates for these reports are
                                                                                                        consumer.
                                                not-call rules for those consumers who                                                                        affected by whether one or two elections
                                                wish to continue requesting that                           On February 15, 2012, the                          are held.
                                                particular companies not call them. Any                 Commission released a Report and                      FOR FURTHER INFORMATION CONTACT: Ms.
                                                company that is asked by a consumer,                    Order in CG Docket No. 02–278, FCC                    Elizabeth S. Kurland, Information
                                                including an existing customer, not to                  12–21, originally published at 77 FR                  Division, 1050 First Street NE,
                                                call again must honor that request for                  34233, June 11, 2012, and later                       Washington, DC 20463; Telephone:
                                                five (5) years.                                         corrected at 77 FR 66935, November 8,                 (202) 694–1100; Toll Free (800) 424–
                                                   A provision of the Commission’s                      2012, revising its rules to: (1) Require              9530.
                                                rules, however, allows consumers to                     prior express written consent for all                 SUPPLEMENTARY INFORMATION:
                                                give specific companies permission to                   autodialed or prerecorded telemarketing
                                                call them through an express written                    calls to wireless numbers and for all                 Principal Campaign Committees
                                                agreement. Nonprofit organizations,                     prerecorded telemarketing calls to                      All principal campaign committees of
                                                companies with whom consumers have                      residential lines; (2) eliminate the                  candidates who participate in the
                                                an established business relationship,                   established business relationship                     Mississippi Special General and Special
                                                and calls to persons with whom the                      exception to the consent requirement for              Runoff Elections shall file a 12-day Pre-
                                                telemarketer has a personal relationship                prerecorded telemarketing calls to                    General Report on October 25, 2018; a
                                                are exempt from the ‘‘do-not-call’’                     residential lines; (3) require                        12-day Pre-Runoff Report on November
                                                registry requirements.                                  telemarketers to include an automated,                15; and a 30-day Post-Runoff Report on
                                                   On September 21, 2004, the                                                                                 December 27, 2018. (See charts below
                                                                                                        interactive opt-out mechanism in all
                                                Commission released the Safe Harbor                                                                           for the closing date for each report.)
                                                Order, published at 69 FR 60311,                        prerecorded telemarketing calls, to
                                                                                                                                                                If only one election is held, all
                                                October 8, 2004, establishing a limited                 allow consumers more easily to opt out
                                                                                                                                                              principal campaign committees of
                                                safe harbor in which persons will not be                of future robocalls during a robocall
                                                                                                                                                              candidates in the Special General
                                                liable for placing autodialed and                       itself; and (4) require telemarketers to              Election shall file a 12-day Pre-General
                                                prerecorded message calls to numbers                    comply with the 3% limit on abandoned                 Report on October 25, 2018; and a 30-
                                                ported from a wireline service within                   calls during each calling campaign, in                day Post-General Report on December 6,
                                                the previous 15 days. The Commission                    order to discourage intrusive calling                 2018. (See charts below for the closing
                                                also amended its existing National Do-                  campaigns.                                            date for each report.)
                                                Not-Call Registry safe harbor to require                   Finally, the Commission also                         Note that these reports are in addition
                                                telemarketers to scrub their lists against              exempted from the Telephone                           to the campaign committee’s regular
                                                the Registry every 31 days.                             Consumer Protection Act requirements                  quarterly filings. (See charts below for
                                                   On December 4, 2007, the                             prerecorded calls to residential lines                the closing date for each report).
                                                Commission released the DNC NPRM,                       made by health care-related entities
                                                published at 72 FR 71099, December 14,                                                                        Unauthorized Committees (PACs and
                                                                                                        governed by the Health Insurance                      Party Committees)
                                                2007, seeking comment on its tentative
                                                                                                        Portability and Accountability Act of                   Political committees filing on a
                                                conclusion that registrations with the
                                                                                                        1996.                                                 quarterly basis in 2018 are subject to
                                                Registry should be honored indefinitely,
                                                                                                                                                              special election reporting if they make
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                                                unless a number is disconnected or                      Federal Communications Commission.
                                                reassigned or the consumer cancels his                  Marlene Dortch,                                       previously undisclosed contributions or
                                                registration.                                           Secretary, Office of the Secretary.                   expenditures in connection with the
                                                   On June 17, 2008, in accordance with                 [FR Doc. 2018–08571 Filed 4–24–18; 8:45 am]
                                                                                                                                                              Mississippi Special General or Special
                                                the Do-Not-Call Improvement Act of                                                                            Runoff Elections by the close of books
                                                                                                        BILLING CODE 6712–01–P
                                                2007, the Commission revised its rules                                                                        for the applicable report(s). (See chart
                                                to minimize the inconvenience to                                                                              below for the closing date for each
                                                consumers of having to re-register their                                                                      report.)


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Document Created: 2018-11-02 08:16:55
Document Modified: 2018-11-02 08:16:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten PRA comments should be submitted on or before June 25, 2018. 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.
ContactFor additional information about the information collection, contact Cathy Williams at (202) 418-2918.
FR Citation83 FR 18055 

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