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OMB Control No: 3060-0519	ICR Reference No: 202408-3060-009
Status: Active	Previous ICR Reference No: 202301-3060-002
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: 09/26/2024
	Date Received in OIRA: 08/15/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2027	36 Months From Approved	09/30/2024
Responses	193,328,796	0	191,628,905
Time Burden (Hours)	3,535,421	0	3,251,008
Cost Burden (Dollars)	1,357,200	0	1,357,200

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. On December 18, 2023 the Commission released an Order in CG Dockets No. 21-402 and 02-278, FCC 23-107, to better protect consumers from unwanted and illegal calls and texts. Specifically, the Commission made it unequivocally clear that texters and callers must obtain a consumer’s prior express written consent to robocall or robotext the consumer soliciting their business, from one seller at a time, and prohibited abuse of consumer consent by comparison shopping and other websites. In addition to the one-to-one consent requirement, the Commission also required that the consent must be in response to a clear and conspicuous disclosure to the consumer and that the content of the ensuing robotexts and robocalls must be logically and topically associated with the website where the consumer gave consent. The TCPA and the Commission’s existing rules already place the burden of proof on the texter or caller to prove that they have obtained consent that satisfies federal laws and regulations. This new information collection does not change that requirement but may create a burden for website operators, including lead generators and comparison shopping sites, to modify their sites to ensure that consent is properly collected. On February 16, 2024, the Commission released an Order in CG Docket No. 02-278, FCC 24-24, to implement new and modified rules to strengthen consumers’ ability to revoke consent to unwanted robocalls and robotexts. Specifically, the Commission codified new rules to make clear that revocation of consent can be made in any reasonable manner and modified existing rules to require that callers honor do-not-call and consent revocation requests within a reasonable time not to exceed 10 business days of receipt; and modified the exemption that allows package delivery notification robocalls and robotexts without consent to require that opt-out requests be honored within a reasonable time not to exceed six business days. Many of the requirements codified in this Order have been adopted in rulings dating back many years or even decades.

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	89 FR 15756	03/05/2024

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 49875	06/12/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 66384	08/15/2024
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	193,328,796	191,628,905	1,699,891
Annual Time Burden (Hours)	3,535,421	3,251,008	284,413
Annual Cost Burden (Dollars)	1,357,200	1,357,200	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: 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 1,657, from 169,369 to 171,026 annual number of respondents; the annual number of responses has increased by 1,699,891, from 191,628,905 to 193,328,796 annual number of responses; the annual burden hours has increased by 284,413, from 3,251,008 to 3,535,421 annual burden hours; and the total annualized cost has not changed.

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: Jerusha Burnett 202 418-0526 jerusha.burnett@fcc.gov

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