Information Collection Being Reviewed by the Federal Communications Commission, 31850-31851 [2012-12965]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 31850 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices Frequency of Response: One-time reporting requirement. Total Annual Burden: 600 hours. Total Annual Costs: None. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i) of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Impact Assessment(s): No impact(s). Needs and Uses: On March 19, 2012, the Commission adopted a Fourth Report and Order and Third Order on Reconsideration (‘‘Fourth Report and Order’’), FCC 12–29. In the Fourth Report and Order, the Commission adopts the national and market-specific caps proposed in the Third Further Notice, FCC 11–105, and requires parties with more than 50 pending applications and/or more than one pending application in the markets identified in Appendix A of the Fourth Report and Order (the top 150 Arbitron markets plus markets with more than 4 pending translator applications) to request the dismissal of applications to comply with these limits. Applicants may request such dismissal by filing a letter with the Commission (‘‘Dismissal Letter’’) identifying the applications they wish to be dismissed. In the event that an applicant does not timely comply with these dismissal procedures, the Commission staff will first apply the national cap, retaining on file the first 50 filed applications and dismissing those that were subsequently filed. The staff will then dismiss all but the first filed application in each of the markets identified in Appendix A. OMB Control Number: 3060-xxxx. Title: Creation of a Low Power Radio Service and Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, Fourth Report and Order and Third Order on Reconsideration (‘‘Fourth Report and Order’’), MM Docket 99–25, MB Docket No. 07–172, RM–11338; Translator Amendments and Top 50 Market Preclusion Showings. Form Number: N/A. Type of Review: New collection. Respondents: Not-for-profit institutions; State, local or tribal government. Number of Respondents and Responses: 500 respondents; 1,300 responses. Estimated Time per Response: 2 hours. Frequency of Response: One time reporting requirement. VerDate Mar<15>2010 17:58 May 29, 2012 Jkt 226001 Total Annual Burden: 2,600 hours. Total Annual Costs: None. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i) of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Impact Assessment(s): No impact(s). Needs and Uses: On March 19, 2012, the Commission adopted a Fourth Report and Order and Third Order on Reconsideration (‘‘Fourth Report and Order’’), FCC 12–29. It adopts the market-based dismissal policy proposed in the Third Further Notice, FCC 11– 105, with certain modifications. Among other things, it gives all translator applicants a limited opportunity to amend their proposals. It holds that translator applicants in ‘‘spectrum available’’ markets may modify their proposals so long as they do not preclude any LPFM channel/point combination identified in the Bureau’s study (‘‘Spectrum Available Amendments’’). It further holds that translator applicants with proposals in ‘‘spectrum limited’’ markets will be allowed to modify their proposals to eliminate their preclusive impact on any of the LPFM point/channel combinations that would be available within the grid if all translator window applications in that market were dismissed (‘‘Spectrum Limited Amendments’’) (‘‘Spectrum Available Amendments’’ and ‘‘Spectrum Limited Amendments’’ are collectively referred to herein as, ‘‘Amendments’’). In addition, any translator applicant in any top 50 spectrum limited market must demonstrate that its out-of-grid proposal would not preclude the only LPFM station licensing opportunity at that location (‘‘Top 50 Market Preclusion Showing’’). Specifically, it needs to demonstrate either that no LPFM station could be licensed at the proposed transmitter site or, if an LPFM station could be licensed at the site, that an additional channel remains available for a future LPFM station at the same site. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2012–12966 Filed 5–29–12; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 FEDERAL COMMUNICATIONS COMMISSION Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning 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; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; 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 ways to further reduce the information collection burden on 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 PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before July 30, 2012. 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 Cathy Williams, FCC, via email PRA@fcc.gov and to Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0519. Title: Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, CG Docket No. 02–278. SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Notices Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities; Individuals or households; Not-for-profit institutions. Number of Respondents and Responses: 50,151 respondents; 147,453,559 responses. Estimated Time per Response: .004 hours (15 seconds) to 1 hour. Frequency of Response: Recordkeeping requirement; Annual, on occasion and one-time reporting requirements; Third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for the information collection requirements is found in the Telephone Consumer Protection Act of 1991 (TCPA), Public Law 102–243, December 20, 1991, 105 Stat. 2394, which added Section 227 of the Communications Act of 1934, [47 U.S.C. 227] Restrictions on the Use of Telephone Equipment. Total Annual Burden: 712,140 hours. Total Annual Cost: $3,989,700. 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 (SORN), FCC/CGB–1, ‘‘Informal Complaints and Inquiries.’’ As required by the Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/CGB–1 ‘‘Informal Complaints and Inquiries’’, in the Federal Register on December 15, 2009 (74 FR 66356) which became effective on January 25, 2010. A system of records for the do-not-call registry was created by the Federal Trade Commission (FTC) under the Privacy Act. The FTC originally published a notice in the Federal Register describing the system. See 68 FR 37494, June 24, 2003. The FTC updated its system of records for the do-not-call registry in 2009. See 74 FR 17863, April 17, 2009. Privacy Impact Assessment: Yes. The Privacy Impact Assessment (PIA) 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 made to the SORN. Needs and Uses: The reporting requirements included under this OMB Control Number 3060–0519 enable the Commission to gather information regarding violations of Section 227 of the Communications Act, the Do-NotCall Implementation Act (Do-Not-Call Act), and the Commission’s VerDate Mar<15>2010 17:58 May 29, 2012 Jkt 226001 implementing rules. If the information collection was not conducted, the Commission would be unable to track and enforce violations of Section 227 of the Communications Act, the Do-NotCall Act, or the Commission’s implementing rules. The Commission’s implementing rules provide consumers with several options for avoiding most unwanted telephone solicitations. The national do-not-call registry supplements the company-specific donot-call rules for those consumers who wish to continue requesting that particular companies not call them. Any company that is asked by a consumer, including an existing customer, not to call again must honor that request for five (5) years. A provision of the Commission’s rules, however, allows consumers to give specific companies permission to call them through an express written agreement. Nonprofit organizations, companies with whom consumers have an established business relationship, and calls to persons with whom the telemarketer has a personal relationship are exempt from the ‘‘do-not-call’’ registry requirements. On September 21, 2004, the Commission released the Safe Harbor Order establishing a limited safe harbor in which persons will not be liable for placing autodialed and prerecorded message calls to numbers ported from a wireline service within the previous 15 days. The Commission also amended its existing National Do-Not-Call Registry safe harbor to require telemarketers to scrub their lists against the Registry every 31 days. On December 4, 2007, the Commission released the DNC NPRM seeking comment on its tentative conclusion that registrations with the Registry should be honored indefinitely, unless a number is disconnected or reassigned or the consumer cancels his registration. On June 17, 2008, in accordance with the Do-Not-Call Improvement Act of 2007, the Commission revised its rules to minimize the inconvenience to consumers of having to re-register their preferences not to receive telemarketing calls and to further the underlying goal of the National Do-Not-Call Registry to protect consumer privacy rights. The Commission released a Report and Order in CG Docket No. 02–278, FCC 08–147, amending the Commission’s rules under the Telephone Consumer Protection Act (TCPA) to require sellers and/or telemarketers to honor registrations with the National Do-NotCall Registry so that registrations will not automatically expire based on the current five year registration period. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 31851 Specifically, the Commission modified § 64.1200(c)(2) of its rules to require sellers and/or telemarketers to honor numbers registered on the Registry indefinitely or until the number is removed by the database administrator or the registration is cancelled by the consumer. Most recently, on February 15, 2012, the Commission released a Report and Order in CG Docket No. 02–278, FCC 12–21, revising its rules to: (1) Require prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers and for all prerecorded telemarketing calls to residential lines; (2) eliminate the established business relationship exception to the consent requirement for prerecorded telemarketing calls to residential lines; (3) require telemarketers to include an automated, interactive opt-out mechanism in all prerecorded telemarketing calls, to allow consumers more easily to opt out of future robocalls during a robocall itself; and (4) require telemarketers to comply with the 3% limit on abandoned calls during each calling campaign, in order to discourage intrusive calling campaigns. Finally, the Commission also exempted from the Telephone Consumer Protection Act requirements prerecorded calls to residential lines made by health care-related entities governed by the Health Insurance Portability and Accountability Act of 1996. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2012–12965 Filed 5–29–12; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Privacy Act System of Records Federal Communications Commission. ACTION: Notice; one new Privacy Act system of records. AGENCY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Federal Communications Commission (FCC or Commission) proposes to add a new system of records, FCC/OMD–30, ‘‘FCC Visitors Database.’’ The FCC’s Security Operations Center (SOC) in the Office of Managing Director (OMD) will use the information contained in FCC/OMD–30 to cover the personally identifiable information (PII) that all visitors to the SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31850-31851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12965]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning 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; the accuracy of the 
Commission's burden estimate; ways to enhance the quality, utility, and 
clarity of the information collected; 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 ways to further reduce the information collection 
burden on 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 PRA that does not display a valid Office of Management 
and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before July 30, 
2012. 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 Cathy Williams, FCC, via email 
PRA@fcc.gov and to Cathy.Williams@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0519.
    Title: Rules and Regulations Implementing the Telephone Consumer 
Protection Act (TCPA) of 1991, CG Docket No. 02-278.

[[Page 31851]]

    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Individuals or 
households; Not-for-profit institutions.
    Number of Respondents and Responses: 50,151 respondents; 
147,453,559 responses.
    Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
    Frequency of Response: Recordkeeping requirement; Annual, on 
occasion and one-time reporting requirements; Third party disclosure 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
found in the Telephone Consumer Protection Act of 1991 (TCPA), Public 
Law 102-243, December 20, 1991, 105 Stat. 2394, which added Section 227 
of the Communications Act of 1934, [47 U.S.C. 227] Restrictions on the 
Use of Telephone Equipment.
    Total Annual Burden: 712,140 hours.
    Total Annual Cost: $3,989,700.
    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 (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the 
Commission also published a SORN, FCC/CGB-1 ``Informal Complaints and 
Inquiries'', in the Federal Register on December 15, 2009 (74 FR 66356) 
which became effective on January 25, 2010. A system of records for the 
do-not-call registry was created by the Federal Trade Commission (FTC) 
under the Privacy Act. The FTC originally published a notice in the 
Federal Register describing the system. See 68 FR 37494, June 24, 2003. 
The FTC updated its system of records for the do-not-call registry in 
2009. See 74 FR 17863, April 17, 2009.
    Privacy Impact Assessment: Yes. The Privacy Impact Assessment (PIA) 
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 made to the SORN.
    Needs and Uses: The reporting requirements included under this OMB 
Control Number 3060-0519 enable the Commission to gather information 
regarding violations of Section 227 of the Communications Act, the Do-
Not-Call Implementation Act (Do-Not-Call Act), and the Commission's 
implementing rules. If the information collection was not conducted, 
the Commission would be unable to track and enforce violations of 
Section 227 of the Communications Act, the Do-Not-Call Act, or the 
Commission's implementing rules. The Commission's implementing rules 
provide consumers with several options for avoiding most unwanted 
telephone solicitations.
    The national do-not-call registry supplements the company-specific 
do-not-call rules for those consumers who wish to continue requesting 
that particular companies not call them. Any company that is asked by a 
consumer, including an existing customer, not to call again must honor 
that request for five (5) years.
    A provision of the Commission's rules, however, allows consumers to 
give specific companies permission to call them through an express 
written agreement. Nonprofit organizations, companies with whom 
consumers have an established business relationship, and calls to 
persons with whom the telemarketer has a personal relationship are 
exempt from the ``do-not-call'' registry requirements.
    On September 21, 2004, the Commission released the Safe Harbor 
Order establishing a limited safe harbor in which persons will not be 
liable for placing autodialed and prerecorded message calls to numbers 
ported from a wireline service within the previous 15 days. The 
Commission also amended its existing National Do-Not-Call Registry safe 
harbor to require telemarketers to scrub their lists against the 
Registry every 31 days.
    On December 4, 2007, the Commission released the DNC NPRM seeking 
comment on its tentative conclusion that registrations with the 
Registry should be honored indefinitely, unless a number is 
disconnected or reassigned or the consumer cancels his registration.
    On June 17, 2008, in accordance with the Do-Not-Call Improvement 
Act of 2007, the Commission revised its rules to minimize the 
inconvenience to consumers of having to re-register their preferences 
not to receive telemarketing calls and to further the underlying goal 
of the National Do-Not-Call Registry to protect consumer privacy 
rights. The Commission released a Report and Order in CG Docket No. 02-
278, FCC 08-147, amending the Commission's rules under the Telephone 
Consumer Protection Act (TCPA) to require sellers and/or telemarketers 
to honor registrations with the National Do-Not-Call Registry so that 
registrations will not automatically expire based on the current five 
year registration period. Specifically, the Commission modified Sec.  
64.1200(c)(2) of its rules to require sellers and/or telemarketers to 
honor numbers registered on the Registry indefinitely or until the 
number is removed by the database administrator or the registration is 
cancelled by the consumer.
    Most recently, on February 15, 2012, the Commission released a 
Report and Order in CG Docket No. 02-278, FCC 12-21, revising its rules 
to: (1) Require prior express written consent for all autodialed or 
prerecorded telemarketing calls to wireless numbers and for all 
prerecorded telemarketing calls to residential lines; (2) eliminate the 
established business relationship exception to the consent requirement 
for prerecorded telemarketing calls to residential lines; (3) require 
telemarketers to include an automated, interactive opt-out mechanism in 
all prerecorded telemarketing calls, to allow consumers more easily to 
opt out of future robocalls during a robocall itself; and (4) require 
telemarketers to comply with the 3% limit on abandoned calls during 
each calling campaign, in order to discourage intrusive calling 
campaigns.
    Finally, the Commission also exempted from the Telephone Consumer 
Protection Act requirements prerecorded calls to residential lines made 
by health care-related entities governed by the Health Insurance 
Portability and Accountability Act of 1996.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-12965 Filed 5-29-12; 8:45 am]
BILLING CODE 6712-01-P
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