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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:
201507-3060-005
Status:
Historical Active
Previous ICR Reference No:
201207-3060-012
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:
09/14/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/08/2015
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2018
36 Months From Approved
09/30/2015
Responses
147,368,997
0
147,453,559
Time Burden (Hours)
666,138
0
712,140
Cost Burden (Dollars)
2,745,000
0
3,989,700
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 and reporting requirements are the best means of preventing unwanted telephone solicitations.
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:
80 FR 23547
04/28/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 39112
07/08/2015
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
147,368,997
147,453,559
0
-44,330
-40,232
0
Annual Time Burden (Hours)
666,138
712,140
0
-11,083
-34,919
0
Annual Cost Burden (Dollars)
2,745,000
3,989,700
0
0
-1,244,700
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
On February 15, 2012, the Commission released a Report and Order in CG Docket No. 02-278, FCC 12-21 eliminating the established business relationship exemption for purposes of telemarketing and telephone solicitation, and the elimination of the exemption became effective at the end of 2013. Due to this action, the Commission has program changes to this collection. Therefore, the number of responses reduced by -44,330, from 147,453,559 responses to 147,409,229 responses; and the number of annual hours reduced by -11,083, from 712,140 hours to 701,057 hours. Also, due to the changes in the total number of telemarketers and also the total number of common carriers due to trends in the marketplace, the Commission has reevaluated its previous burdens associated with this information collection and notes the following adjustments in associated burdens and costs described herein: The annual number of respondents reduced by -15,203, from 50,151 respondents to 34,948 respondents; the number of annual responses reduced by -40,232, from 147,409,229 to 147,368,997 responses; the annual burden hours reduced by -34,919, from 701,057 annual hours to 666,138 annual hours; and the total annual cost associated with retaining a third party "scrubber" reduced by -$1,244,700 from $3,989,700 to $2,745,000.
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:
Christina Clearwater 202 418-2143 cclearwa@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:
07/08/2015
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