Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), 67826-67827 [2022-24353]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67826-67827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24353]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[EB Docket No. 20-374; FCC 21-75; FR ID 112274]


Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and 
Deterrence Act (TRACED Act)

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved an information collection 
associated with rules governing Implementing the Pallone-Thune 
Telephone Robocall Abuse Criminal Enforcement and Deterrence Act 
(TRACED Act). The Commission also announces that private entities may 
begin submitting information in the Private Entity Robocall Portal. It 
removes paragraphs advising that compliance was not required until OMB 
approval was obtained. This document is consistent with the 2021 Report 
and Order, which states the Commission will publish a document in the 
Federal Register announcing a compliance date for the rule sections and 
revise the rules accordingly.

DATES: 
    Effective date: The amendments are effective November 10, 2022.
    Compliance date: Compliance with 47 CFR 64.1204(a) and 64.1606(a), 
published at 86 FR 52840 on September 23, 2021, is required as of 
November 10, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Stepanicich, Enforcement 
Bureau, Telecommunications Consumers Division, at (202) 418-7451 or 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirements in Sec. Sec.  64.1204(a) and 
64.1606(a) on November 16, 2021.
    The Commission publishes this document as an announcement of the 
compliance date of the rules. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact 
Nicole Ongele, Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554, regarding OMB Control Number 3060-1296. Please 
include the applicable OMB Control Number in your correspondence. The 
Commission will also accept your comments via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on November 16, 2021, for the information collection 
requirements contained in Sec. Sec.  64.1204(a) and 64.1606(a). Under 5 
CFR part 1320, an agency may not conduct or sponsor a collection of 
information unless it displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a

[[Page 67827]]

collection of information subject to the Paperwork Reduction Act that 
does not display a current, valid OMB Control Number.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1296.
    OMB Approval Date: November 16, 2021.
    OMB Expiration Date: November 30, 2024.
    Title: Private Entity Robocall and Spoofing Information Submission 
Portal, FCC Form 5642.
    Form Number: FCC Form 5642.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities, and not for 
profit institutions.
    Number of Respondents and Responses: 50 respondents; 50 responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement; third 
party
    Obligation to Respond: Voluntary. Statutory authority is contained 
in the TRACED Act section 10(a).
    Total Annual Burden: 50 hours.
    Total Annual Cost: No Cost.
    Privacy Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: Assurances of confidentiality 
are provided to the respondents; however, respondents are made aware 
that their submissions may be shared with the Department of Justice, 
Federal Trade Commission, other Federal agencies combatting robocalls, 
state attorney general offices, other law enforcement entities with 
which the Commission has information sharing agreements, and the 
registered traceback consortium.
    Needs and Uses: Section 10(a) of the Pallone-Thune Telephone 
Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) 
directs the Commission to establish regulations to create a process 
that ``streamlines the ways in which a private entity may voluntarily 
share with the Commission information relating to'' a call or text 
message that violates prohibitions regarding robocalls or spoofing set 
forth section 227(b) and 227(e) of the Communications Act of 1934, as 
amended. On June 17, 2021, the Commission adopted a Report and Order to 
implement section 10(a) by creating an online portal located on the 
Commission's website where private entities may submit information 
about robocall and spoofing violations. The Enforcement Bureau (Bureau) 
will manage this portal.
    A private entity is any entity other than (1) an individual natural 
person or (2) a public entity. A public entity is any governmental 
organization at the Federal, state, or local level. Thus, the portal is 
not intended for individual consumers who already have a mechanism to 
submit robocall or spoofing complaints via the Commission's informal 
complaint process.
    The portal requests private entities to submit certain minimum 
information including, but not necessarily limited to, the name of the 
reporting private entity, contact information, including at least one 
individual name and means of contacting the entity (e.g., a phone 
number), the caller ID information displayed, the phone number(s) 
called, the date(s) and time(s) of the relevant calls or texts, the 
name of the reporting private entity's service provider, and a 
description of the problematic calls or texts. Although the portal does 
not reject submissions that fail to include the above information, such 
failure makes it more difficult for the Bureau to investigate fully and 
take appropriate enforcement action. Once submitted, the Bureau will 
review to determine whether the information presents evidence of a 
violation of the Commission's rules. The Bureau may share submitted 
information with the Department of Justice, Federal Trade Commission, 
other Federal agencies combatting robocalls, state attorney general 
offices, other law enforcement entities with which the Commission has 
information sharing agreements, and the registered traceback 
consortium.
    This document also removes Sec. Sec.  64.1204(c) and 64.1606(c) of 
the Commission's rules, which advised that compliance with Sec. Sec.  
64.1204(a) and 64.1606(a) was not required until OMB approval was 
obtained.

List of Subjects in 47 CFR Part 64

    Communications, Communications common carriers, Reporting and 
recordkeeping requirements, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 64 as follows.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise 
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.


Sec.  64.1204  [Amended]

0
2. Amend Sec.  64.1204 by removing paragraph (c).


Sec.  64.1606  [Amended]

0
3. Amend Sec.  64.1606 by removing paragraph (c).

[FR Doc. 2022-24353 Filed 11-9-22; 8:45 am]
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