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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:
201207-3060-012
Status:
Historical Active
Previous ICR Reference No:
201109-3060-003
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:
Approved without change
Conclusion Date:
09/17/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/31/2012
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2015
36 Months From Approved
10/31/2014
Responses
147,453,559
0
147,409,229
Time Burden (Hours)
712,140
0
684,433
Cost Burden (Dollars)
3,989,700
0
3,989,700
Abstract:
On February 15, 2012, the Commission released a Report and Order in CG Docket No. 02-278, FCC 12-21, modifying the Commission's rules under the TCPA. Specifically, the Commission: (1) revises its rules to require prior express written consent for all autodialed or prerecorded telemarketing calls to 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 and for all prerecorded telemarketing calls to residential lines, while maintaining flexibility in the form of consent needed for purely informational calls; (2) eliminates the established business relationship exemption for prerecorded telemarketing calls to residential lines; (3) adopts rules applicable to all prerecorded telemarketing calls that allow consumers to opt out of future robocalls during a robocall; and (4) revises its rules to limit permissible abandoned calls on a per-calling campaign basis to discourage intrusive calling campaigns. Finally, the Commission exempts from TCPA requirements prerecorded calls to residential lines made by health care-related entities governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
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
77 FR 34233
06/11/2012
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
77 FR 31850
05/30/2012
30-day Notice:
Federal Register Citation:
Citation Date:
77 FR 45350
07/31/2012
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
147,453,559
147,409,229
0
44,330
0
0
Annual Time Burden (Hours)
712,140
684,433
0
27,707
0
0
Annual Cost Burden (Dollars)
3,989,700
3,989,700
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:
Due to the adoption of the Commission's Report and Order, FCC 12-21, the Commission has reevaluated its previous burdens associated with this information collection and makes the following assessments (program changes) described herein: 50,151 annual number of respondents; annual number of responses increased by +44,330, from 147,409,229 to 147,453,559 responses; annual burden hours increased by +27,707, from 684,433 to 712,140 annual hours; and $3,989,700 annual cost. With this submission, the Commission used data from FCC Form 499-A filings and the FTC's Biennial Report to Congress to reexamined and reevaluated the data in this supporting statement.
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]?
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:
Karen Johnson 202 418-7706
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:
07/31/2012
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