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

Forms and Documents

Document	Type	Status	Availability

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Collection	Type	Status	Form
44164	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		Modified
178325	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		New
178324	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		New

ICR Details

OMB Control No: 3060-1088	ICR Reference No: 200701-3060-013
Status: Historical Active	Previous ICR Reference No: 200604-3060-004
Agency/Subagency: FCC	Agency Tracking No: Consumer and Governmental Affairs Bureau
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
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/05/2007
	Date Received in OIRA: 02/02/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2010	36 Months From Approved	07/31/2009
Responses	5,160,001	0	5,160,000
Time Burden (Hours)	3,380,000	0	13,180,000
Cost Burden (Dollars)	8,000,002	0	60,000,000

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Abstract: On April 5, 2006, the FCC adopted the Report and Order and Third Order on Reconsideration. The final rules modify the Commission's rules on unsolicited facsimile advertisements to implement the Junk Fax Prevention Act of 2005. The reporting and recordkeeping requirements are the best means of implementing the Junk Fax Prevention Act and preventing unsolicited fax advertisements.

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Authorizing Statute(s): PL: Pub.L. 102 - 243 105 Stat. 2394 Name of Law: Telephone Consumer Protection Act of 1991
   PL: Pub.L. 109 - 21 119 Stat. 359 Name of Law: Junk Fax Prevention Act of 2005
  

Citations for New Statutory Requirements: PL: Pub.L. 109 - 21 119 Stat 359 Name of Law: Junk Fax Prevention Act of 2005

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI14	Final or interim final rulemaking	71 FR 25967	05/03/2006

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	71 FR 53686	09/12/2006
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 4563	01/31/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
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
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
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	FCC 1088

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,160,001	5,160,000	36,120	-36,119	0	0
Annual Time Burden (Hours)	3,380,000	13,180,000	35,000	-9,835,000	0	0
Annual Cost Burden (Dollars)	8,000,002	60,000,000	7,231	-52,007,229	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: The increase in the burden for this information collection is due solely to the adoption on April 5, 2006 by the FCC of 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 Doc. No. 02-278 and 05-338; FCC 06-42, which adopted final rules to implement the Junk Fax Prevention Act. Among other things, the Commission created FCC Form 1088 that is designed specifically for collecting complaint data regarding junk faxes, unsolicited email messages, and telemarketing calls. By collecting such data in a single, comprehensive template, the FCC Form 1088 will provide a standardized way for consumers to file complaints, reducing or eliminating the need for further documentation or questions from Commission investigators to determine whether violations have occurred. FCC Form 1088 may ultimately become the foundation for enforcement actions and/or rulemaking proceedings, as appropriate.

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Annual Cost to Federal Government: $22,296,950

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/02/2007

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