Search:
Agenda
Reg Review
ICR
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3060-0519
ICR Reference No:
201003-3060-008
Status:
Historical Inactive
Previous ICR Reference No:
200809-3060-003
Agency/Subagency:
FCC
Agency Tracking No:
CGB
Title:
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Preapproved
Conclusion Date:
05/20/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/22/2010
Terms of Clearance:
Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2013
36 Months From Approved
10/31/2011
Responses
135,632,883
135,632,883
135,607,383
Time Burden (Hours)
650,906
650,906
625,406
Cost Burden (Dollars)
4,590,000
4,590,000
4,590,000
Abstract:
47 CFR Parts 64 and 68 of the Commission's rules contain procedures for avoiding unwanted telephone solicitations to residences, and to regulate the use of automatic telephone dialing systems, artificial or prerecorded voice messages, and telephone facsimile machines. The Commission believes that the recordkeeping requirement is the best means of preventing unwanted telephone solicitations. On January 22, 2010, the Commission released a Notice of Proposed Rulemaking (2010 NPRM) in CG Docket No. 02-278, FCC 10-18, proposing amendments to the Commission’s rules under the TCPA that would harmonize the Commission’s rules with those of the Federal Trade Commission. In particular, the 2010 NPRM proposes to amend section 64.1200(a)(1) and section 64.1200(a)(2) of the Commission’s TCPA rules by requiring sellers and telemarketers, when obtaining telephone subscribers’ prior express consent to receive prerecorded telemarketing calls, to obtain such prior express consent in writing (including electronic methods of consent).
Authorizing Statute(s):
US Code: 47 USC 227 Name of Law: Communications Act of 1934, as amended
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3060-AI14
Proposed rulemaking
75 FR 13471
03/22/2010
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
75 FR 13471
03/22/2010
30-day Notice:
Federal Register Citation:
Citation Date:
75 FR 13471
03/22/2010
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
135,632,883
135,607,383
0
25,500
0
0
Annual Time Burden (Hours)
650,906
625,406
0
25,500
0
0
Annual Cost Burden (Dollars)
4,590,000
4,590,000
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
With the release of the 2010 NPRM, the Commission proposed to increase the total annual hourly burden and the total annual number of responses as described herein: (1) The Commission’s estimate for the total annual burden hours has increased from 625,406 hours to 650,906 hours. Therefore, there is a program change of +25,500 hours to the annual burden hours. (2) The Commission’s estimate for the total annual number of responses has increased from 135,607,383 to 135,632,883 responses. Therefore, there is a program change of +25,500 to the annual number of responses.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [PPACA, P.L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Act [Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Agency Contact:
Erica McMahon 202 418-2512 erica.mcmahon@fcc.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
03/22/2010
About Us
Related Resources
Disclosure
Accessibility
Privacy Policy
Contact Us
