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OMB Control No: 3060-0519	ICR Reference No: 202107-3060-001
Status: Historical Active	Previous ICR Reference No: 201806-3060-008
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: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/15/2021
	Date Received in OIRA: 07/06/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2024	36 Months From Approved	09/30/2021
Responses	191,628,905	0	140,186,983
Time Burden (Hours)	3,251,008	0	606,838
Cost Burden (Dollars)	1,357,200	0	1,650,600

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.

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

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	191,628,905	140,186,983	51,441,922
Annual Time Burden (Hours)	3,251,008	606,838	2,644,170
Annual Cost Burden (Dollars)	1,357,200	1,650,600	-293,400

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: 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

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