Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0519 (Sept 2008).doc Supporting Statement A	2008-09-12

IC Document Collections

IC ID	Document Title	Status
30303	Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278	Modified
182445	Rules and Regulations Implementing the Telephone Consumer Protection Act.....02-278	Unchanged

ICR Details

OMB Control No: 3060-0519	ICR Reference No: 200809-3060-003
Status: Historical Active	Previous ICR Reference No: 200710-3060-012
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: 10/31/2008
	Date Received in OIRA: 09/16/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2011	36 Months From Approved	11/30/2010
Responses	135,607,383	0	135,607,383
Time Burden (Hours)	625,406	0	708,806
Cost Burden (Dollars)	4,590,000	0	4,360,500

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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 requirement is the best means of preventing unwanted telephone solicitations.

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Authorizing Statute(s): US Code: 47 USC 227 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI14	Final or interim final rulemaking	73 FR 40183	07/14/2008

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 40347	07/14/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 53424	09/16/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Rules and Regulations Implementing the Telephone Consumer Protection Act.....02-278
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278

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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	135,607,383	135,607,383	0	0	0	0
Annual Time Burden (Hours)	625,406	708,806	0	0	-83,400	0
Annual Cost Burden (Dollars)	4,590,000	4,360,500	0	0	229,500	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: The minor modifications to section 64.1200(c)(2) will have a negligible impact on the burden hours for this collection of information. The Commission reevaluated the burdens associated with this information collection and concluded that the minor decrease in such burdens will be offset by efficiencies gained in using the Do-Not-Call Registry by telemarketers and common carriers (and consumers). Due to the fact that the registry has been in effect for nearly 5 years, users have implemented processes and to comply with the registry and are more adept at accessing and utilizing the registry. In addition, even with the rule change requiring telemarketers to honor registrations indefinitely, telemarketers will continue to access the registry and scrub their call lists just as they did prior to the rule change. Thus, the total annual hourly burden and the total annual costs have decreased as described herein: (1) The Commission’s estimate for the total annual burden hours has decreased from 708,806 hours to 625,406 hours. (2) The Commission’s estimate for the total annual costs has increased from $4,360,500 to $4,590,000 due to an estimated increase in the third parties fee to scrub the telephone numbers on the national registry.

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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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 09/16/2008

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