Information Collection Being Reviewed by the Federal Communications Commission, 76586-76588 [2016-26551]
Download as PDF
<![CDATA[
76586
Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
meeting. In your email include: name,
postal address, entity you are
representing (if applicable), and
telephone number. You will receive an
email confirmation from us. Please be
prepared to show a photo identification
when you arrive. If you need assistance
for accessibility reasons, or if you have
any questions, contact Dale L. Aultman,
Secretary to the Farm Credit
Administration Board, at (703) 883–
4009. The matters to be considered at
the meeting are:
Open Session
A. Approval of Minutes
• October 13, 2016
B. Report
• Update on the Farm Credit System’s
Young, Beginning and Small
Farmer Reporting
Closed Session *
• Office of Secondary Market
Oversight Quarterly Report
Dated: November 1, 2016.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
*Session Closed-Exempt pursuant to 5
U.S.C. 552b(c)(8) and (9).
[FR Doc. 2016–26700 Filed 11–1–16; 4:15 pm]
BILLING CODE 6705–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0262]
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
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
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:54 Nov 02, 2016
Jkt 241001
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 OMB 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 OMB
control number.
DATES: Written PRA comments should
be submitted on or before January 3,
2017. 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 to 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 No.: 3060–0262.
Title: Section 90.179, Shared Use of
Radio Stations.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit, non-for-profit institutions, and
state, local and tribal government.
Number of Respondents and
Responses: 43,000 respondents, 43,000
responses.
Estimated Time per Response: .25 up
to .75 hours.
Frequency of Response:
Recordkeeping requirement and On
occasion reporting requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection is contained
in 47 U.S.C. 154(i), 161, 303(g), 303(r)
and 332(c)(7).
Total Annual Burden: 43,000 hours.
Annual Cost Burden: None.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: The Commission
was directed by the United States
Congress, in the Balanced Budget Act of
1997, to dedicate 2.4 MHz of
electromagnetic spectrum in the 746–
806 MHz band for public safety services.
Section 90.179 requires that Part 90
licensees that share use of their private
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
land mobile radio facility on non-profit,
cost-sharing basis to prepare and keep a
written sharing agreement as part of the
station records. Regardless of the
method of sharing, an up-to-date list of
persons who are sharing the station and
the basis of their eligibility under Part
90 must be maintained. The
requirement is necessary to identify
users of the system should interference
problems develop. This information is
used by the Commission to investigate
interference complaints and resolve
interference and operational complaints
that may arise among the users.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016–26552 Filed 11–2–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0519]
Information Collection Being Reviewed
by the Federal Communications
Commission
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission (FCC or Commission)
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collections.
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 OMB control
number. No person shall be subject to
any penalty for failing to comply with
SUMMARY:
E:\FR\FM\03NON1.SGM
03NON1
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
a collection of information subject to the
PRA that does not display a valid OMB
control number.
DATES: Written PRA comments should
be submitted on or before January 3,
2017. 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 to 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. Form Number: N/A.
Type of Review: Revision of a currently
approved collection. Respondents:
Business or other for-profit entities;
Individuals or households; Not-forprofit institutions.
Number of Respondents and
Responses: 36,548 respondents;
147,434,797 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: 666,598 hours.
Total Annual Cost: $2,745,000.
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 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, Inquiries, and
Requests for Dispute Assistance’’, in the
Federal Register on August 15, 2014 (79
FR 48152) which became effective on
September 24, 2014. A system of records
for the do-not-call registry was created
by the Federal Trade Commission (FTC)
VerDate Sep<11>2014
17:54 Nov 02, 2016
Jkt 241001
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.
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
implementing rules. If the information
collection were 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 protections from many unwanted
telephone solicitations and other
commercial calls.
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 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 callers will not be liable for
placing autodialed and prerecorded
message calls to numbers ported from a
wireline service to a wireless 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 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 TCPA to require sellers
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
76587
and/or telemarketers to honor
registrations with the National Do-NotCall Registry so that registrations would
not automatically expire based on the
then-current five year registration
period. 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.
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.
On August 11, 2016, the Commission
released a Report and Order in CG
Docket No. 02–278, FCC 16–99,
adopting rules to implement the TCPA
amendments Congress enacted in
Section 301 of the Bipartisan Budget Act
of 2015. The Commission adopted rules
implementing the law’s exception from
the prior express consent requirement
for autodialed or prerecorded calls to
wireless numbers ‘‘solely to collect a
debt owed to or guaranteed by the
United States,’’ and placing limits on
the number and duration of autodialed
or prerecorded calls to wireless numbers
‘‘to collect a debt owed or guaranteed by
the United States.’’ Federal government
callers and contractors making these
calls on behalf of the federal
government, without prior express
consent of the called party, may call the
person or persons responsible for paying
the debt at one of three phone numbers
specified in the rules, may call three
times during a 30-day period, may call
between 8:00 a.m. and 9:00 p.m. local
E:\FR\FM\03NON1.SGM
03NON1
76588
Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
time at the debtor’s location, may not
call once the debtor requests that the
calls cease, and must transfer the stopcall request to the new servicer if the
debt servicer changes. Callers must
notify debtors of their right to request
that no further autodialed or
prerecorded calls be made to the debtor
for the life of the debt. Prerecorded calls
may not exceed 60 seconds, excluding
required disclosures and stop-calling
instructions. Text messages are limited
to 160 characters, including required
disclosures, which may be sent in a
separate text message. Calls may be
made (1) once the debt is delinquent
and, (2) if the debt is not yet delinquent,
then after one of the following events
and in the 30 days before one of the
following events: the end of a grace,
deferment, or forbearance period;
expiration of an alternative payment
arrangement; or occurrence of a similar
time-sensitive event or deadline
affecting the amount or timing of
payments due.
Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2016–26551 Filed 11–2–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–XXXX and 3060–XXXX]
Information Collection Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
Commission) invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collections.
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
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:54 Nov 02, 2016
Jkt 241001
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 Office of
Management and Budget (OMB) 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 OMB
control number.
DATES: Written comments should be
submitted on or before December 5,
2016. 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 contacts below as soon as
possible.
ADDRESSES: Direct all PRA comments to
Kimberly R. Keravuori, OMB, via email
Kimberly_R_Keravuori@omb.eop.gov;
and to Nicole Ongele, FCC, via email
PRA@fcc.gov and to Nicole.Ongele@
fcc.gov. Include in the comments the
OMB control number as shown in the
‘‘Supplementary Information’’ section
below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the 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, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–XXXX.
Title: Inmate Calling Services Data
Collection, One-Time Data Collection.
Form Number: FCC Form 2300.
Type of Review: New collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 15 respondents; 15
responses.
Estimated Time per Response: 100
hours.
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
Frequency of Response: One-time
reporting requirement.
Obligation To Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C. 1,
4(i), 4(j), 201, 276, and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i)–(j), 201,
276 and 303(r).
Total Annual Burden: 1,500 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The Commission anticipates providing
confidential treatment for proprietary
information submitted by inmate calling
service (ICS) providers. Parties that
comply with the terms of a protective
order for the proceeding will have an
opportunity to comment on the data.
Needs and Uses: Section 201 of the
Communications Act of 1934 Act (Act),
as amended, 47 U.S.C. 201, requires that
ICS providers’ interstate rates and
practices be just and reasonable. Section
276 of the Act, 47 U.S.C. 276, requires
that payphone service providers
(including those, such as ICS providers,
that serve correctional institutions) be
fairly compensated. The Commission’s
Second Report and Order and Third
Further Notice of Proposed Rulemaking
(FNPRM) requires that all ICS providers
comply with a one-time mandatory data
collection. ICS providers must submit
data on the costs of providing—and the
demand for—interstate, international,
and intrastate ICS. The data collection
requires ICS providers to submit data on
ICS calls, various ICS costs, company
and contract information, information
about facilities served, ICS revenues,
ancillary fees, and mandatory taxes and
fees. ICS providers are also required to
apportion direct costs for each cost
category and to explain how joint and
common costs are apportioned among
the facilities they serve and the services
they provide. The data will be used to
enable the Commission to assess the
costs related to ICS and ensure that ICS
rates and fees related to ICS rates remain
just, reasonable, and fair, as required by
sections 201 and 276 of the Act.
The Commission’s Wireline Bureau
staff will develop a standardized
template for the submission of data and
provide instructions to simplify
compliance with and reduce the
burdens of the data collection. The
template will also include filing
instructions and text fields for
respondents to use to explain portions
of their filings, as needed. See FCC
Form 2300. Providers are encouraged to
file their data electronically via the
Commission’s Electronic Comment
Filing System (ECFS).
E:\FR\FM\03NON1.SGM
03NON1
]]>Agencies
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76586-76588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26551]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0519]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), the Federal Communications Commission (FCC or Commission)
invites the general public and other Federal agencies to take this
opportunity to comment on the following information collections.
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 OMB control number. No person
shall be subject to any penalty for failing to comply with
[[Page 76587]]
a collection of information subject to the PRA that does not display a
valid OMB control number.
DATES: Written PRA comments should be submitted on or before January 3,
2017. 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 to
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. 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: 36,548 respondents;
147,434,797 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: 666,598 hours. Total Annual Cost: $2,745,000.
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 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,
Inquiries, and Requests for Dispute Assistance'', in the Federal
Register on August 15, 2014 (79 FR 48152) which became effective on
September 24, 2014. 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.
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 were 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 protections from many unwanted telephone
solicitations and other commercial calls.
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 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 callers will not be
liable for placing autodialed and prerecorded message calls to numbers
ported from a wireline service to a wireless 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 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 TCPA to
require sellers and/or telemarketers to honor registrations with the
National Do-Not-Call Registry so that registrations would not
automatically expire based on the then-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.
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.
On August 11, 2016, the Commission released a Report and Order in
CG Docket No. 02-278, FCC 16-99, adopting rules to implement the TCPA
amendments Congress enacted in Section 301 of the Bipartisan Budget Act
of 2015. The Commission adopted rules implementing the law's exception
from the prior express consent requirement for autodialed or
prerecorded calls to wireless numbers ``solely to collect a debt owed
to or guaranteed by the United States,'' and placing limits on the
number and duration of autodialed or prerecorded calls to wireless
numbers ``to collect a debt owed or guaranteed by the United States.''
Federal government callers and contractors making these calls on behalf
of the federal government, without prior express consent of the called
party, may call the person or persons responsible for paying the debt
at one of three phone numbers specified in the rules, may call three
times during a 30-day period, may call between 8:00 a.m. and 9:00 p.m.
local
[[Page 76588]]
time at the debtor's location, may not call once the debtor requests
that the calls cease, and must transfer the stop-call request to the
new servicer if the debt servicer changes. Callers must notify debtors
of their right to request that no further autodialed or prerecorded
calls be made to the debtor for the life of the debt. Prerecorded calls
may not exceed 60 seconds, excluding required disclosures and stop-
calling instructions. Text messages are limited to 160 characters,
including required disclosures, which may be sent in a separate text
message. Calls may be made (1) once the debt is delinquent and, (2) if
the debt is not yet delinquent, then after one of the following events
and in the 30 days before one of the following events: the end of a
grace, deferment, or forbearance period; expiration of an alternative
payment arrangement; or occurrence of a similar time-sensitive event or
deadline affecting the amount or timing of payments due.
Federal Communications Commission.
Marlene H. Dortch,
Secretary. Office of the Secretary.
[FR Doc. 2016-26551 Filed 11-2-16; 8:45 am]
BILLING CODE 6712-01-P
