Notice of Public Information Collections Being Reviewed by the Federal Communications Commission, Comments Request, 68063-68065 [E9-30373]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Persons wishing to comment on
this information collection should
submit comments by February 22, 2010.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax
at (202) 395–5167, or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Cathy Williams, Federal
Communications Commission (FCC),
445 12th Street, SW, Washington, DC
20554. To submit your comments by email send then to: PRA@fcc.gov and to
Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection send an e-mail to
PRA@fcc.gov or contact Cathy Williams
on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0678.
Title: Streamlining and Other
Revisions of Part 25 of the
Commission’s Rules.
Form No.: FCC Form 312 and
Schedule S.
Type of Review: Revision of a
currently approved collection.
Respondents: Business and other forprofit.
Number of Respondents/Responses:
1,030 respondents; 1,030 responses.
Estimated Time Per Response: 0.25–
24 hours per response.
Frequency of Response: On occasion
and annual reporting requirements;
Third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in Sections 4(i), 7(a), 11, 303(c), 303(f),
303(g), and 303(r) of the
Communications Act of 1934, as
amended; 47 U.S.C.154(i), 157(a), 161,
303(c), 303(f), 303(g), and 303(r).
Total Annual Burden: 9,791 hours.
Annual Cost Burden: $27,749,170.
Privacy Act Impact Assessment: No
impact(s).
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18:01 Dec 21, 2009
Jkt 220001
Nature and Extent of Confidentiality:
In general, there is no need for
confidentiality.
Needs and Uses: The Federal
Communications Commission
(‘‘Commission’’) is revising OMB
Control No. 3060–0678 to add the
following rule sections that were
previously included under OMB Control
No. 3060–1007: 47 CFR 25.113, 25.131,
25.154, 25.164 and 25.165.
Additionally, we are revising the
information collection to include the
respondents, annual burden hours and
annual costs associated with these rule
sections.
Upon OMB approval of the revisions
to this information collection, OMB
Control No. 3060–1007 also titled,
‘‘Streamlining and Other Revisions of
Part 25 of the Commission’s Rules’’ will
be discontinued.
Currently, OMB Control No. 3060–
0678 includes rule sections 47 CFR
25.110, 25.114, 25.115, 25.116, 25.117,
25.118 and 25.130. We will continue to
maintain these rule sections in the
information collection.
The information collection
requirements accounted for in this
collection are necessary to determine
the technical and legal qualifications of
applicants or licensees to operate a
station, transfer or assign a license, and
to determine whether the authorization
is in the public interest, convenience
and necessity. Without such
information, the Commission could not
determine whether to permit
respondents to provide
telecommunication services in the U.S.
Therefore, the Commission would be
unable to fulfill its statutory
responsibilities in accordance with the
Communications Act of 1934, as
amended, and the obligations imposed
on parties to the World Trade
Organization (WTO) Basic Telecom
Agreement.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. E9–30372 Filed 12–21–09 8:45 am]
BILLING CODE: 6712–01–S
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collections Being Reviewed by the
Federal Communications Commission,
Comments Request
December 16, 2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
68063
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–3520. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Persons wishing to comment on
this information collection should
submit comments by February 22, 2010.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax
at (202) 395–5167, or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Cathy Williams, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554. To submit your comments by e–
mail send then to: PRA@fcc.gov and
Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collections send an e–mail
to PRA@fcc.gov or contact Cathy
Williams on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1088.
Title: Rules and Regulations
Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, Report
and Order and Third Order on
Reconsideration, CG Docket No. 05–338,
FCC 06–42.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; Individuals or households.
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srobinson on DSKHWCL6B1PROD with NOTICES
68064
Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices
Number of Respondents and
Responses: 5,000,000 respondents;
5,122,500 responses.
Estimated Time per Response: 3
minutes (.05 hours) to 30 minutes (.50
hours).
Frequency of Response: Annual,
monthly, and on occasion reporting
requirements; recordkeeping and third
party disclosure requirements.
Obligation to Respond: Required to
obtain or retain benefits. The
authorizing statutes for this information
collection are: Telephone Consumer
Protection Act of 1991, Pub. L. No. 102–
243, 105 Stat. 2394 (1991); Junk Fax
Prevention Act, Pub. L. No. 109–21, 119
Stat. 359 (2005).
Total Annual Burden: 3,311,250
hours.
Total Annual Cost: $8,000,000.
Nature and Extent of Confidentiality:
Assurances of confidentiality are being
provided to the respondents. The
Commission is requesting that
individuals (consumers/respondents)
submit their names, addresses, and
telephone numbers, which the
Commission’s staff needs to process the
complaints. A privacy statement is
included on all FCC forms accessed
through our Internet web site. In
addition, respondents are made aware of
the fact that their complaint information
may be released to law enforcement
officials and other parties as mandated
by law (Le. court–ordered subpoenas).
PII is contained in the operations
support for complaint analysis and
resolution (OSCAR), the consumer
information management system
(CIMS), and the consumer case
management system (CCMS) databases,
which are covered under the
Commission’s SORN, FCC/CGB–1,
’’Informal Complaints and Inquiries.’’
The PII covered by this system of
records notice is used by Commission
personnel to handle and to process
informal complaints from individuals
and groups. The Commission will not
share this information with other federal
agencies except under the routine uses
listed in the SORN.
Privacy Impact Assessment: The PIA
that the FCC completed on June 28,
2007 gives a full and complete
explanation of how the FCC collects
stores, maintains, safeguards, and
destroys the PII, as required by OMB
regulations and the Privacy Act, 5
U.S.C. 552a. The PIA may be viewed at:
https://www.fcc.gov/omd/privacyact/
Privacy_Impact_ Assessment.html.
Needs and Uses: On April 5, 2006, the
Commission adopted a Report and
Order and Third Order on
Reconsideration, In the Matter of Rules
and Regulations Implementing the
VerDate Nov<24>2008
18:01 Dec 21, 2009
Jkt 220001
Telephone Consumer Protection Act of
1991; Junk Fax Prevention Act of 2Q05,
CG Docket Nos. 02–278 and 05–338,
FCC 06–42, which modified the
Commission’s facsimile advertising
rules to implement the Junk Fax
Prevention Act. The Report and Order
and Third Order on Reconsideration
contained information collection
requirements pertaining to: (1) Opt–out
Notice and Do–Not–Fax Requests
Recordkeeping in which the rules
require senders of unsolicited facsimile
advertisements to include a notice on
the first page of the facsimile that
informs the recipient of the ability and
means to request that they not receive
future unsolicited facsimile
advertisements from the sender; (2)
Established Business Relationship
Recordkeeping whereas the Junk Fax
Prevention Act provides that the sender,
e.g., a person, business, or a nonprofit/
institution, is prohibited from faxing an
unsolicited advertisement to a facsimile
machine unless the sender has an
’’established business relationship’’
(EBR) with the recipient; (3) Facsimile
Number Recordkeeping in which the
Junk Fax Prevention Act provides that
an EBR alone does not entitle a sender
to fax an advertisement to an individual
or business. The fax number must also
be provided voluntarily by the recipient;
and (4) Express Invitation or Permission
Recordkeeping where in the absence of
an EBR, the sender must obtain the prior
express invitation or permission from
the consumer before sending the
facsimile advertisement.
On October 14, 2008, the Commission
released an Order on Reconsideration,
FCC 08–239, addressing certain issues
raised in petitions for reconsideration
and/or clarification filed in response to
the Commission’s Report and Order and
Third Order on Reconsideration (’’Junk
Fax Order–), FCC 06–42. In document
FCC 08–239, the Commission clarified
that: (1) Facsimile numbers compiled by
third parties on behalf of the facsimile
sender will be presumed to have been
made voluntarily available for public
distribution so long as they are obtained
from the intended recipient’s own
directory, advertisement, or Internet
site; (2) Reasonable steps to verify that
a recipient has agreed to make available
a facsimile number for public
distribution may include methods other
than direct contact with the recipient;
and (3) a description of the facsimile
sender’s opt–out mechanism on the first
webpage to which recipients are
directed in the opt–out notice satisfies
the requirement that such a description
appear on the first page of the Web site.
The Commission believes these
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Fmt 4703
Sfmt 4703
clarifications will assist senders of
facsimile advertisements in complying
with the Commission’s rules in a
manner that minimizes regulatory
compliance costs while maintaining the
protections afforded consumers under
the Telephone Consumer Protection Act
(TCPA).
OMB Control Number: 3060–0874.
Title: Consumer Complaint Forms:
General Complaints, Obscenity or
Indecency Complaints, Complaints
under the Telephone Consumer
Protection Act, and Slamming
Complaints.
Form Number(s): FCC Form 2000 A
through F, FCC Form 475–B, FCC Form
1088 A through H, and FCC Form 501.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals or
households; Business or other for–profit
entities; Not–for–profit institutions;
State, local or Tribal Government.
Number of Respondents and
Responses: 1,496,027 (FCC Form 2000:
58,772; FCC Form 475–B: 1,271,332;
FCC Form 1088: 162,323; and FCC Form
501: 3,600).
Estimated Time per Response: 15 to
30 minutes per form on average.
Frequency of Response: On occasion
reporting requirement.
Obligation to Respond: Voluntary.
Total Annual Burden: 690,301 (FCC
Form 2000: 29,386 hours; FCC Form
475–B: 635,666 hours; FCC Form 1088:
24,349; and FCC Form 501: 900 hours).
Total Annual Cost: None.
Nature and Extent of Confidentiality:
Confidentiality is an issue to the extent
that individuals and households
provide personally identifiable
information, which is covered under the
FCC’s system of records notice, FCC/
CGB–1, ‘‘Informal Complaints and
Inquiries.’’
Privacy Impact Assessment: The
Privacy Impact Assessment for Informal
Complaints and Inquiries was
completed on June 28, 2007. It may be
reviewed at https://www.fcc.gov/omd/
privacyact/
Privacy_Impact_Assessment.html.
Needs and Use: The FCC Form 2000
Consumer Complaint Forms asks the
complainants to provide their contact
information, including address,
telephone number, and e–mail address,
and to briefly describe the nature of the
complaint, including the
communications entities against which
the complaint is lodged, the consumer’s
account number(s), if applicable, the
date(s) on which the incident(s)
occurred, and the type of resolution the
consumer is seeking. The Commission
uses the information to resolve the
consumer’s informal complaint(s). The
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Federal Register / Vol. 74, No. 244 / Tuesday, December 22, 2009 / Notices
FCC Form 2000 A through F will remain
unchanged.
The FCC Form 475–B Consumer
Complaint Form asks complainants to
provide their contact information,
including address, telephone number,
and e–mail address, and to describe
their complaint(s) and issue(s)
concerning the practices of
telecommunications entities, which
they believe may have aired obscene,
profane, and/or indecent programming.
The FCC Form 475–B will remain
unchanged.
The FCC Form 1088 Consumer
Complaint Form asks complainants to
provide their contact information,
including address, telephone number,
and e–mail address, and to describe
their complaints and issues regarding
‘‘Do Not Call’’ and ‘‘Junk Fax’’ as well
as other related consumer protection
issues such as prerecorded messages,
automatic telephone dialing systems,
and unsolicited commercial e–mail
messages to wireless
telecommunications devices. The FCC
Form 1088 A through H will remain
unchanged.
The FCC Form 501 Consumer
Complaint Form asks complainants to
provide their contact information,
including address, telephone number,
and e–mail address, and to describe
their complaints and issues regarding
alleged slamming violations. The FCC
Form 501 will remain unchanged.
All of the FCC Complaint Forms are
being consolidated into this collection
(and being deleted from OMB Control
Number 3060–1088 and discontinued in
OMB Control Number 3060–0968) in
order to allow the Commission to better
manage all forms used to collect
informal consumer complaints.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. E9–30373 Filed 12–21–09 8:45 am]
BILLING CODE 6712–01–S
FEDERAL RESERVE SYSTEM
srobinson on DSKHWCL6B1PROD with NOTICES
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
VerDate Nov<24>2008
19:28 Dec 21, 2009
Jkt 220001
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than January
6, 2010.
A. Federal Reserve Bank of Dallas (E.
Ann Worthy, Vice President) 2200
North Pearl Street, Dallas, Texas 75201–
2272:
1. Clary Anthony Family Irrevocable
Trust No. 101; Lynda June Anthony,
both of Shreveport, Louisiana; Luther
Clary Anthony, Jr., Atlanta, Texas, Co
Trustees; Lynda June Anthony,
Shreveport, Louisiana; Luther Clary
Anthony, Jr., Atlanta, Texas; and Luther
Clary Anthony Sr., Springhill,
Louisiana, individually, to retain voting
shares of and acquire additional shares
of Citizens Bankshares of Springhill,
Inc., and thereby indirectly retain and
acquire additional voting shares of
Citizens Bank & Trust Company, both of
Springhill, Louisiana.
Board of Governors of the Federal Reserve
System, December 17, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9–30362 Filed 12–21–09; 8:45 am]
BILLING CODE 6210–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Submission for OMB Review;
Comment Request; Investigator
Registration and Financial Disclosure
for Investigational Trials in Cancer
Treatment (NCI)
SUMMARY: In compliance with the
requirement of Section 3507(a)(1)(D) of
the Paperwork Reduction Act of 1995,
for opportunity for public comment on
proposed data collection projects, the
National Cancer Institute, the National
Cancer Institute (NIH) has submitted to
the Office of Management and Budget
(OMB) a request for review and
approval of the information collected
below. This proposed information
collection was previously published in
the Federal Register on June 10, 2009
(74 FR 27552), and allowed 60-days for
public comment. One public comment
was received regarding pharmaceutical
testing. The submitter responded to the
e-mail. The purpose of this notice is to
allow an additional 30 days for public
comment. The National Institutes of
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Sfmt 4703
68065
Health may not conduct or sponsor, and
the respondent is not required to
respond to, an information collection
that has been extended, revised, or
implemented on or after October 1,
1995, unless it displays a valid OMB
control number.
Proposed Collection: Title:
Investigator Registration and Financial
Disclosure for Investigational Trials in
Cancer Treatment (NCI). Type of
Information Collection Request: Existing
Collection in Use without an OMB
Number. Need and Use of Information
Collection: Food and Drug
Administration (FDA) regulations
require requires sponsors to obtain
information from the investigator before
permitting the investigator to begin
participation in investigational studies.
The National Cancer Institute, (NCI) as
a sponsor of investigational drug trials,
has the responsibility to assure the FDA
that investigators in its clinical trials
program are qualified by training and
experience as appropriate experts to
investigate the drug. In order to fulfill
these requirements, a standard
Statement of Investigator (FDA Form
1572 modified), Supplemental
Investigator Data Form, Financial
Disclosure Form and Curriculum vitae
(CV) are required. The NCI will accept
the investigator’s CV in any format. All
investigators maintain a CV as part of
their academic and professional
practice. The data obtained from these
forms allows the NCI to evaluate the
qualifications of the investigator,
identify appropriate personnel to
receive shipment of investigational
agent, ensure supplies are not diverted
for inappropriate protocol or patient use
and identify financial conflicts of
interest. Comparisons are done with the
intention of ensuring protocol, patient
safety and drug compliance for patient
and drug compliance for patient safety
and protections. Frequency of Response:
Annually. Affected Public: Public
sector, businesses or other for-profit that
will include Federal agencies or
employees, non-profit institutions and a
very small number of private practice
physicians. Type of Respondents:
Investigators. The annual reporting
burden is limited to those physicians
who choose to participate in NCI
sponsored investigational trials to
identify new medicinal agents to treat
and relieve those patients suffering from
cancer. The annualized respondents’
burden for record keeping is estimated
to require 8,564 hours (see table below).
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]]>Agencies
[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68063-68065]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30373]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Being Reviewed by the
Federal Communications Commission, Comments Request
December 16, 2009.
SUMMARY: The Federal Communications Commission, as part of its
continuing effort to reduce paperwork burden invites the general public
and other Federal agencies to take this opportunity to comment on the
following information collection(s), as required by the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-3520. An agency may not conduct
or sponsor a collection of information unless it displays a currently
valid control number. No person shall be subject to any penalty for
failing to comply with a collection of information subject to the
Paperwork Reduction Act (PRA) that does not display a valid control
number. Comments are requested concerning (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
burden estimate; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology.
DATES: Persons wishing to comment on this information collection should
submit comments by February 22, 2010. If you anticipate that you will
be submitting comments, but find it difficult to do so within the
period of time allowed by this notice, you should advise the contact
listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax at (202) 395-5167, or via the
Internet at Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams,
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554. To submit your comments by e-mail send then to:
PRA@fcc.gov and Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collections send an e-mail to PRA@fcc.gov or contact Cathy
Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1088.
Title: Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, Report and Order and Third Order on
Reconsideration, CG Docket No. 05-338, FCC 06-42.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; Individuals or households.
[[Page 68064]]
Number of Respondents and Responses: 5,000,000 respondents;
5,122,500 responses.
Estimated Time per Response: 3 minutes (.05 hours) to 30 minutes
(.50 hours).
Frequency of Response: Annual, monthly, and on occasion reporting
requirements; recordkeeping and third party disclosure requirements.
Obligation to Respond: Required to obtain or retain benefits. The
authorizing statutes for this information collection are: Telephone
Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394
(1991); Junk Fax Prevention Act, Pub. L. No. 109-21, 119 Stat. 359
(2005).
Total Annual Burden: 3,311,250 hours.
Total Annual Cost: $8,000,000.
Nature and Extent of Confidentiality: Assurances of confidentiality
are being provided to the respondents. The Commission is requesting
that individuals (consumers/respondents) submit their names, addresses,
and telephone numbers, which the Commission's staff needs to process
the complaints. A privacy statement is included on all FCC forms
accessed through our Internet web site. In addition, respondents are
made aware of the fact that their complaint information may be released
to law enforcement officials and other parties as mandated by law (Le.
court-ordered subpoenas). PII is contained in the operations support
for complaint analysis and resolution (OSCAR), the consumer information
management system (CIMS), and the consumer case management system
(CCMS) databases, which are covered under the Commission's SORN, FCC/
CGB-1, ''Informal Complaints and Inquiries.'' The PII covered by this
system of records notice is used by Commission personnel to handle and
to process informal complaints from individuals and groups. The
Commission will not share this information with other federal agencies
except under the routine uses listed in the SORN.
Privacy Impact Assessment: The PIA that the FCC completed on June
28, 2007 gives a full and complete explanation of how the FCC collects
stores, maintains, safeguards, and destroys the PII, as required by OMB
regulations and the Privacy Act, 5 U.S.C. 552a. The PIA may be viewed
at: https://www.fcc.gov/omd/privacyact/Privacy_Impact_
Assessment.html.
Needs and Uses: On April 5, 2006, the Commission adopted a Report
and Order and Third Order on Reconsideration, In the Matter of Rules
and Regulations Implementing the Telephone Consumer Protection Act of
1991; Junk Fax Prevention Act of 2Q05, CG Docket Nos. 02-278 and 05-
338, FCC 06-42, which modified the Commission's facsimile advertising
rules to implement the Junk Fax Prevention Act. The Report and Order
and Third Order on Reconsideration contained information collection
requirements pertaining to: (1) Opt-out Notice and Do-Not-Fax Requests
Recordkeeping in which the rules require senders of unsolicited
facsimile advertisements to include a notice on the first page of the
facsimile that informs the recipient of the ability and means to
request that they not receive future unsolicited facsimile
advertisements from the sender; (2) Established Business Relationship
Recordkeeping whereas the Junk Fax Prevention Act provides that the
sender, e.g., a person, business, or a nonprofit/institution, is
prohibited from faxing an unsolicited advertisement to a facsimile
machine unless the sender has an ''established business relationship''
(EBR) with the recipient; (3) Facsimile Number Recordkeeping in which
the Junk Fax Prevention Act provides that an EBR alone does not entitle
a sender to fax an advertisement to an individual or business. The fax
number must also be provided voluntarily by the recipient; and (4)
Express Invitation or Permission Recordkeeping where in the absence of
an EBR, the sender must obtain the prior express invitation or
permission from the consumer before sending the facsimile
advertisement.
On October 14, 2008, the Commission released an Order on
Reconsideration, FCC 08-239, addressing certain issues raised in
petitions for reconsideration and/or clarification filed in response to
the Commission's Report and Order and Third Order on Reconsideration
(''Junk Fax Order-), FCC 06-42. In document FCC 08-239, the Commission
clarified that: (1) Facsimile numbers compiled by third parties on
behalf of the facsimile sender will be presumed to have been made
voluntarily available for public distribution so long as they are
obtained from the intended recipient's own directory, advertisement, or
Internet site; (2) Reasonable steps to verify that a recipient has
agreed to make available a facsimile number for public distribution may
include methods other than direct contact with the recipient; and (3) a
description of the facsimile sender's opt-out mechanism on the first
webpage to which recipients are directed in the opt-out notice
satisfies the requirement that such a description appear on the first
page of the Web site. The Commission believes these clarifications will
assist senders of facsimile advertisements in complying with the
Commission's rules in a manner that minimizes regulatory compliance
costs while maintaining the protections afforded consumers under the
Telephone Consumer Protection Act (TCPA).
OMB Control Number: 3060-0874.
Title: Consumer Complaint Forms: General Complaints, Obscenity or
Indecency Complaints, Complaints under the Telephone Consumer
Protection Act, and Slamming Complaints.
Form Number(s): FCC Form 2000 A through F, FCC Form 475-B, FCC Form
1088 A through H, and FCC Form 501.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit entities; Not-for-profit institutions; State, local or Tribal
Government.
Number of Respondents and Responses: 1,496,027 (FCC Form 2000:
58,772; FCC Form 475-B: 1,271,332; FCC Form 1088: 162,323; and FCC Form
501: 3,600).
Estimated Time per Response: 15 to 30 minutes per form on average.
Frequency of Response: On occasion reporting requirement.
Obligation to Respond: Voluntary.
Total Annual Burden: 690,301 (FCC Form 2000: 29,386 hours; FCC Form
475-B: 635,666 hours; FCC Form 1088: 24,349; and FCC Form 501: 900
hours).
Total Annual Cost: None.
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's system of
records notice, FCC/CGB-1, ``Informal Complaints and Inquiries.''
Privacy Impact Assessment: The Privacy Impact Assessment for
Informal Complaints and Inquiries was completed on June 28, 2007. It
may be reviewed at https://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
Needs and Use: The FCC Form 2000 Consumer Complaint Forms asks the
complainants to provide their contact information, including address,
telephone number, and e-mail address, and to briefly describe the
nature of the complaint, including the communications entities against
which the complaint is lodged, the consumer's account number(s), if
applicable, the date(s) on which the incident(s) occurred, and the type
of resolution the consumer is seeking. The Commission uses the
information to resolve the consumer's informal complaint(s). The
[[Page 68065]]
FCC Form 2000 A through F will remain unchanged.
The FCC Form 475-B Consumer Complaint Form asks complainants to
provide their contact information, including address, telephone number,
and e-mail address, and to describe their complaint(s) and issue(s)
concerning the practices of telecommunications entities, which they
believe may have aired obscene, profane, and/or indecent programming.
The FCC Form 475-B will remain unchanged.
The FCC Form 1088 Consumer Complaint Form asks complainants to
provide their contact information, including address, telephone number,
and e-mail address, and to describe their complaints and issues
regarding ``Do Not Call'' and ``Junk Fax'' as well as other related
consumer protection issues such as prerecorded messages, automatic
telephone dialing systems, and unsolicited commercial e-mail messages
to wireless telecommunications devices. The FCC Form 1088 A through H
will remain unchanged.
The FCC Form 501 Consumer Complaint Form asks complainants to
provide their contact information, including address, telephone number,
and e-mail address, and to describe their complaints and issues
regarding alleged slamming violations. The FCC Form 501 will remain
unchanged.
All of the FCC Complaint Forms are being consolidated into this
collection (and being deleted from OMB Control Number 3060-1088 and
discontinued in OMB Control Number 3060-0968) in order to allow the
Commission to better manage all forms used to collect informal consumer
complaints.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. E9-30373 Filed 12-21-09 8:45 am]
BILLING CODE 6712-01-S
