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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:
202301-3060-002
Status:
Active
Previous ICR Reference No:
202107-3060-001
Agency/Subagency:
FCC
Agency Tracking No:
CGB/POLICY
Title:
Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, CG Docket No. 02-278
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/04/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/03/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2024
09/30/2024
09/30/2024
Responses
191,628,905
0
191,628,905
Time Burden (Hours)
3,251,008
0
3,251,008
Cost Burden (Dollars)
1,357,200
0
1,357,200
Abstract:
On December 30, 2020, the Commission released an Order in CG Docket No. 02-278, FCC 20-186, to implement section 8 of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). In doing so, the Commission amended the TCPA exemptions for artificial or prerecorded voice calls made to residential telephone lines so each satisfies the TRACED Act’s requirements to identify who can call, identify who can be called, and limit the number of calls that can be made under the exemptions. Specifically, the Commission adopted limits on the number of calls that can be made under the exemptions for non-commercial calls to a residence, commercial calls to a residence that do not include an advertisement or constitute telemarketing, tax-exempt nonprofit organization calls to a residence, and Health Insurance Portability and Accountability Act (HIPAA)-related calls to a residence. In addition, the Commission required exempted callers to have mechanisms in place to allow consumers to opt out of any future calls. The Commission is submitting a non-substantive change request request to the Office of Management and Budget for review and approval. Please see the justification for the reason behind this change request submission.
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
Final or interim final rulemaking
86 FR 11443
02/25/2021
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
86 FR 22662
04/29/2021
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 35507
07/06/2021
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 Approved
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
191,628,905
191,628,905
0
0
0
0
Annual Time Burden (Hours)
3,251,008
3,251,008
0
0
0
0
Annual Cost Burden (Dollars)
1,357,200
1,357,200
0
0
0
0
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 has program changes to this collection to reflect new burdens associated with numerical limits and opt-out mechanisms imposed on calls made under the exemptions for non-commercial calls to a residence; commercial calls to a residence that do not include an advertisement or constitute telemarketing; tax-exempt nonprofit organization calls to a residence; and HIPAA-related calls to a residence as required by section 8 of the TRACED Act. Beyond those program changes, 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. The total number of telemarketers has been reduced and the total number of common carriers has been increased based on this data. Taken together, these changes create significant increases in the number of respondents, responses, annual burden hours, and annual total cost. Therefore, the Commission has the following program changes: The annual number of respondents has increased by 146,866, from 22,503 to 169,369 annual number of respondents; the annual number of responses has increased by 51,441,992, from 140,186,983 to 191,628,905 annual number of responses; the annual burden hours has increased by 2,644,170, from 606,838 to 3,251,008 annual burden hours; and the total annualized cost has decreased by $293,400, from $1,650,600 to $1,357,200.
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?
No
Agency Contact:
Richard Smith 717 338-2797 richard.smith@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:
01/03/2023
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