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OMB Control No: 3060-0519	ICR Reference No: 201806-3060-008
Status: Historical Active	Previous ICR Reference No: 201701-3060-011
Agency/Subagency: FCC	Agency Tracking No: CGB
Title: Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, CG Docket No. 02-278
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/19/2018
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/02/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	36 Months From Approved	09/30/2018
Responses	140,186,983	0	147,368,997
Time Burden (Hours)	606,838	0	666,138
Cost Burden (Dollars)	1,650,600	0	2,745,000

Abstract: In the 1992 TCPA Order, the Federal Communications Commission (Commission) implemented final rules pursuant to the requirements of the Telephone Consumer Protection Act of 1991 (TCPA), Pub. L. No. 102-243, Dec. 20, 1991. The TCPA added Section 227 to the Communications Act of 1934, as amended, to restrict the use of automatic telephone dialing systems (autodialers), artificial or prerecorded messages, facsimile machines, or other devices to send unsolicited transmissions. The rules prohibit prerecorded message calls to residential lines absent an emergency or the prior express consent of the called party. Exceptions to this prohibition originally applied if the call: (a) is not made for a commercial purpose; (b) does not transmit an unsolicited advertisement; (c) is made by a calling party with whom the called party has an established business relationship; or (d) is made by a tax-exempt nonprofit organization. In 2012, the Commission eliminated the established business relationship exemption for calls to a wireless telephone number or prerecorded telemarketing calls to a residential line, and the elimination of the exemption became effective at the end of 2013. However, the other exceptions remain in place. In addition to the remaining exceptions, the rules prohibit any call, absent an emergency or the prior express consent of the called party, using an automatic telephone dialing system or a prerecorded voice when calling any emergency telephone line (including any “911” line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency), any telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment, or any telephone numbers assigned to a paging service, cellular telephone service, specialized mobile radio service, or other common carrier service or any service for which the called party is charged for the call. The rules further require that telephone solicitors maintain and use company-specific lists of residential subscribers who request not to receive further telephone calls (company-specific do-not-call lists), thereby affording consumers the choice of which solicitors, if any, they will hear from by telephone. Telephone solicitors also are required to have a written policy for maintaining do-not-call lists, and are responsible for informing and training their personnel of the existence and use of such lists. Moreover, the rules require that those making telephone solicitations identify themselves to called parties, and that basic identifying information also be included in telephone facsimile transmissions. With respect to facsimile transmissions, the rules ban the use of a telephone facsimile machine, computer, or other device to send an unsolicited advertisement unless the sender has an established business relationship with the recipient and the facsimile number is voluntarily obtained in the course of the established business relationship or the number is obtained from the recipient’s public distribution of its facsimile number, and the sender includes certain notification and disclosure information in the transmission.

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:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 18055	04/25/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 30935	07/02/2018
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	140,186,983	147,368,997	-7,182,014
Annual Time Burden (Hours)	606,838	666,138	-59,300
Annual Cost Burden (Dollars)	1,650,600	2,745,000	-1,094,400

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: With this submission, the Commission used data from recent FCC Form 499-A filings and the recent FTC’s Biennial Report to Congress to reexamine and reevaluate the data in this supporting statement. Due to a reduction in the total number of telemarketers and common carriers because of changes and trends in the telecommunications marketplace, there is a reduction in the overall cumulative totals of number of respondents and responses, as well as the total of cumulative annual burden hours, and annual “in house” costs. Therefore, the Commission makes the following adjustments: The annual number of respondents has decreased by -12,445, from 34,948 to 22,503 annual number of respondents; the annual number of responses has decreased by -7,182,014, from 147,368,997 to 140,186,983 annual number of responses; the annual burden hours has decreased by -59,300, from 666,138 to 606,838 annual burden hours; and the annual total cost has decreased by -$1,094,400, from $2,745,000 to $1,650,600. The Commission has no program changes to this collection.

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Christina Clearwater 202 418-2143 cclearwa@fcc.gov

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