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OMB Control No: 3060-0715	ICR Reference No: 200710-3060-009
Status: Historical Active	Previous ICR Reference No: 200502-3060-002
Agency/Subagency: FCC	Agency Tracking No: WCB
Title: Telecommunications Carriers' Use of Customer Proprietary Network Information (CPNI) and Other Customer Information, CC Docket No. 96-115
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 12/07/2007
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/06/2007
	Date Received in OIRA: 10/23/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2008	6 Months From Approved	05/31/2008
Responses	137,256,125	0	4,832
Time Burden (Hours)	350,704	0	669,808
Cost Burden (Dollars)	3,000,000	0	229,520,000

Abstract: The FCC released a Report and Order and Further Notice of Proposed Rulemaking, CC Doc. No. 96-115, WC Doc. No. 04-36, FCC 07-22, on April 2, 2007, strengthening rules that protect customer proprietary network information (CPNI), which is conllected and held by providers of communications services. Pursuant to 47 CFR Section 222, the FCC adopted rules focused on efforts of communications service providers to prevent "pretexting." The rules require providers to adopt additional privacy safeguards to limit pretexters' ability to obtain unauthorized access to personal customer information from carriers. The rules also further the Telephone Records and Privacy Protection Act of 2006, that helps to ensure that law enforcement will have the tools necessary to investigate and enforce prohibitions on illegal access to customer records.

Emergency Justfication: On January 12, 2007, President George W. Bush signed into law the Telephone Records and Privacy Protection Act of 2006, which responded to the problem of pretexting, or seeking to obtain unauthorized access to telephone records, by making it a criminal offense subject to fines and imprisonment. In particular, pretexting is the practice of pretending to be a particular customer or other authorized person in order to obtain access to that customers call detail or other private communications records. The Telephone Records and Privacy Protection Act of 2006 Act found that such unauthorized disclosure of telephone records is a problem that not only assaults individual privacy but, in some instances, may further acts of domestic violence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and undermine the integrity of law enforcement investigations. On April 2, 2007, the Commission released an order that responded to the practice of pretexting by strengthening its rules to protect the privacy of customer proprietary network information (CPNI) that is collected and held by providers of communications services. Section 222 of the Communications Act (Act) requires telecommunications carriers to take specific steps to ensure that CPNI is adequately protected from unauthorized disclosure. Pursuant to section 222, the Commission adopted new rules focused on the efforts of providers of communications services to prevent pretexting. These rules require providers of communications services to adopt additional privacy safeguards that, the Commission believes, will sharply limit pretexters ability to obtain unauthorized access to the type of personal customer information from carriers that the Commission regulates. In addition, in furtherance of the Telephone Records and Privacy Protection Act of 2006, the Commissions rules help ensure that law enforcement will have necessary tools to investigate and enforce prohibitions on illegal access to customer records. In light of the importance of this issue to the public interest, the Commission seeks to implement these rules within an aggressive amount of time. To this end, the Commission identified six months after the CPNI Orders effective date as a sufficient period of time for carriers and interconnected voice over Internet protocol (VoIP) providers to implement the internal systems changes, practices, and policies necessary to effectuate the new rules. Implementation of the new anti-prexteting rules upon the expiration of that period on December 8, 2007, is crucial, given the important consumer and public safety considerations raised by pretexting that demand near immediate action. The Commission cannot comply with the normal clearance procedures set forth in 5 C.F.R. § 1320 because the use of normal clearance procedures is likely to prevent the timely implementation of these critical safeguards to protect against the loss of CPNI through unlawful pretexting activity. OMB emergency approval thus is vital to the timely implementation of those consumer protections and law enforcement tools, consistent with section 222 of the Act and the Telephone Records and Privacy Protection Act of 2006. This request for emergency processing is consistent with section 1320.13(a)(2)(i) of OMB regulations, 5 C.F.R. § 1320.13(a)(2)(i), which states that requests for emergency processing shall be accompanied by a written determination that the agency cannot reasonably comply with the normal clearance procedures under this part because [p]ublic harm is reasonably likely to result if normal clearance procedures are followed. To reiterate, the Commission is requesting that OMB approve these information collection requirements under the emergency processing provisions of the PRA by December 7, 2007, pursuant to 5 C.F.R. § 1320.13(b).

Authorizing Statute(s): US Code: 47 USC 151 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154(i) and 154(j)
   US Code: 47 USC 222
   US Code: 47 USC 303(r)

Citations for New Statutory Requirements: US Code: 47 USC 151
US Code: 47 USC 154(i) and 154(j)
US Code: 47 USC 222
US Code: 47 USC 303(r)

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI48	Final or interim final rulemaking	72 FR 31948	06/08/2007

Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 60372	10/24/2007
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	137,256,125	4,832	1,185	137,250,108	0
Annual Time Burden (Hours)	350,704	669,808	246,857	-527,411	-38,550
Annual Cost Burden (Dollars)	3,000,000	229,520,000	0	3,000,000	-229,520,000

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: Yes

Burden Reduction Due to: Using Information Technology

Short Statement: The Commission attributes the reduction in the total annual hourly burden to several factors. We have re-evaluated the amount of time that it will take respondents to perform these information collection and recordkeeping requirements. We now believe that respondents have adopted information technology, office automation techniques, and standardized business practices and routines to increase their efficiency in most areas of their businesses functions, including collection and protection of CPNI, and as a result we also believe that the respondents have adopted similar information technology, office automation techniques, and standardized business practices and routines to reduce their hourly burden requirements, in house costs, and annual costs that are required to collect the information.

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 [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Adam Kirschenbaum 2024187280

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