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 (March 2010 NPRM).doc Supporting Statement A	2010-05-04

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 of 1991, CG Docket No. 02-278	Modified

ICR Details

OMB Control No: 3060-0519	ICR Reference No: 201003-3060-008
Status: Historical Inactive	Previous ICR Reference No: 200809-3060-003
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: Preapproved	Conclusion Date: 05/20/2010
	Date Received in OIRA: 03/22/2010
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2013	36 Months From Approved	10/31/2011
Responses	135,632,883	0	135,607,383
Time Burden (Hours)	650,906	0	625,406
Cost Burden (Dollars)	4,590,000	0	4,590,000

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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. On January 22, 2010, the Commission released a Notice of Proposed Rulemaking (2010 NPRM) in CG Docket No. 02-278, FCC 10-18, proposing amendments to the Commission’s rules under the TCPA that would harmonize the Commission’s rules with those of the Federal Trade Commission. In particular, the 2010 NPRM proposes to amend section 64.1200(a)(1) and section 64.1200(a)(2) of the Commission’s TCPA rules by requiring sellers and telemarketers, when obtaining telephone subscribers’ prior express consent to receive prerecorded telemarketing calls, to obtain such prior express consent in writing (including electronic methods of consent).

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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	Proposed rulemaking	75 FR 13471	03/22/2010

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 13471	03/22/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 13471	03/22/2010
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 of 1991, CG Docket No. 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 Request	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	135,632,883	135,607,383	0	25,500	0	0
Annual Time Burden (Hours)	650,906	625,406	0	25,500	0	0
Annual Cost Burden (Dollars)	4,590,000	4,590,000	0	0	0	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 the release of the 2010 NPRM, the Commission proposed to increase the total annual hourly burden and the total annual number of responses as described herein: (1) The Commission’s estimate for the total annual burden hours has increased from 625,406 hours to 650,906 hours. Therefore, there is a program change of +25,500 hours to the annual burden hours. (2) The Commission’s estimate for the total annual number of responses has increased from 135,607,383 to 135,632,883 responses. Therefore, there is a program change of +25,500 to the annual number of responses.

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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)? No

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: 03/22/2010

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