View Information Collection Request (ICR) Package
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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:
3060-1078
ICR Reference No:
201906-3060-007
Status:
Historical Active
Previous ICR Reference No:
201607-3060-011
Agency/Subagency:
FCC
Agency Tracking No:
CGB/Policy
Title:
Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53
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:
07/29/2019
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/19/2019
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2022
36 Months From Approved
09/30/2019
Responses
1,908,572
0
5,443,062
Time Burden (Hours)
1,237,036
0
30,254,373
Cost Burden (Dollars)
579,995
0
12,935,843
Abstract:
The Commission released a Report and Order on August 12, 2004 (FCC 04-52) adopting rules to prohibit the sending of commercial messages to any address referencing an Internet domain name associated with wireless subscribers' messaging services, unless the individual addressee has given the sender express prior authorization. To assist the senders of such messages in identifying those subscribers, the Commission requires that Commercial Mobile Radio Service (CMRS) providers submit those domain names to the Commission, for inclusion in a list that will be made publicly available on the FCC’s website. No individual subscriber’s electronic mail addresses will be collected or included on this list. CMRS providers will be required to supply the Commission with names of all Internet domains on which they offer mobile messaging service. The rules prohibit sending any commercial messages to addresses that contain domain names that have been included on the official list for at least 30 days or at any time prior to 30 days if the sender otherwise knows that the message is addressed to a wireless device.
Authorizing Statute(s):
US Code:
15 USC 7701-7713
Name of Law: CAN-SPAM Act of 2003
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:
84 FR 15222
04/15/2019
30-day Notice:
Federal Register Citation:
Citation Date:
84 FR 28550
06/19/2019
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 Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53
Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53
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
1,908,572
5,443,062
0
0
-3,534,490
0
Annual Time Burden (Hours)
1,237,036
30,254,373
0
0
-29,017,337
0
Annual Cost Burden (Dollars)
579,995
12,935,843
0
0
-12,355,848
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:
There are no program changes to this information collection. There are downward adjustments to the number of respondents of 3,534,490 (decrease from 5,443,062 to 1,908,572), of 3,534,490 to the annual number of responses (decrease from 5,443,062 to 1,908,572), of 29,017,337 to the annual burden hours (30,254,373 to 1,237,036) and of $12,355,848 to the annual cost (decrease from $12,935,843 to $579,995). These adjustments are due to technological changes, and experience and efficiencies derived from prior measures taken to comply with these rules that result in a decrease in the respondents’ cost to comply with the requirements.
Annual Cost to Federal Government:
$2,680
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.
Yes
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:
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:
06/19/2019
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