Notice of Public Information Collections Being Submitted to the Office of Management and Budget for Review and Approval, Comments Requested, 13540-13542 [2010-6139]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13540-13542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6139]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections Being Submitted to the 
Office of Management and Budget for Review and Approval, Comments 
Requested

March 16, 2010.
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 collections, 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; (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 and (e) ways to further reduce the information burden for 
small business concerns with fewer than 25 employees.
    The FCC 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.

DATES: Persons wishing to comment on this information collection should 
submit comments by April 21, 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 e-mail 
to Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams, Federal 
Communications Commission (FCC), via e-mail to Cathy.Williams@fcc.gov 
and to PRA@fcc.gov. To view a copy of this information collection 
request (ICR) submitted to OMB: (1) Go to web page: https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web 
page called ''Currently Under Review'', (3) click on the downward-
pointing arrow in the ''Select Agency'' box below the ''Currently Under 
Review'' heading, (4) select ''Federal Communications Commission'' from 
the list of agencies presented in the ''Select Agency'' box, (5) click 
the ''Submit'' button to the right of the ''Select Agency'' box, and 
(6) when the FCC list appears, look for the title of this ICR (or its 
OMB Control Number, if there is one) and then click on the ICR.

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: 3060-0874.
    Title: FCC Form 2000 A through F, FCC Form 475-B, FCC Form 1088 A 
through H, and FCC Form 501 - 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

[[Page 13541]]

entities; Not-for-profit institutions; State, local or Tribal 
Government.
    Number of Respondents and Responses: 518,193 respondents and 
518,193 responses.
    Estimated Time per Response: 15 to 30 minutes per form on average.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 195,704 hours.
    Total Annual Cost: None.
    Obligation to Respond: Voluntary.
    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 updated 
system of records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries'', which became effective on January 25, 2010.
    Privacy Impact Assessment: The Privacy Impact Assessment (PIA) 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>. The Commission is in the process of updating the PIA 
to incorporate various revisions to it as a result of revisions to the 
SORN.
    Needs and Uses: 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 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.
    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: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; and Individuals or households.
    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.
    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: Confidentiality is an issue 
to the extent that
    Individuals and households provide personally identifiable 
information, which is covered
    under the FCC's updated system of records notice (SORN), FCC/CGB-1, 
``Informal
    Complaints and Inquiries,'' which became effective on January 25, 
2010.
    Privacy Impact Assessment: The Privacy Impact Assessment (PIA) 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. The Commission is in the process of updating the PIA 
to incorporate various revisions to it as a result of revisions to the 
SORN.
    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 2005, 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

[[Page 13542]]

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).

Federal Communications Commission.
Marlene H. Dortch,
Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010-6139 Filed 3-19-10; 8:45 am]
BILLING CODE 6712-01-S