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
Supporting statement OMB 3060-1088 (2010)version #2.doc	Supporting Statement A	Uploaded 2010-05-05	Available

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		Modified
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		Modified

ICR Details

OMB Control No: 3060-1088	ICR Reference No: 201003-3060-018
Status: Historical Active	Previous ICR Reference No: 200703-3060-006
Agency/Subagency: FCC	Agency Tracking No: CGB
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: 05/10/2010
	Date Received in OIRA: 03/22/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2013	36 Months From Approved	05/31/2010
Responses	5,122,500	0	5,160,001
Time Burden (Hours)	3,311,250	0	3,105,600
Cost Burden (Dollars)	8,000,000	0	7,560,001

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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. Also, the Commission is moving the Form 1088 into a different collection, 3060-0874, for purposes of consolidating the collections regarding FCC complaint forms. This collection will no longer include the Form 1088.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 68063	12/22/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 13540	03/22/2010
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

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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	5,122,500	5,160,001	0	-162,323	124,822	0
Annual Time Burden (Hours)	3,311,250	3,105,600	0	-81,162	286,812	0
Annual Cost Burden (Dollars)	8,000,000	7,560,001	0	0	439,999	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Commission had program changes of -162,323 to the annual number of responses and -81,162 hours to the annual burden hours which are due to the Commission moving FCC Form 1088 and its associated burdens into a different collection (3060-0874). The Commission also had adjustments of +124,822 to the annual number of responses, +286,812 to the annual burden hours and +439,999 to the annual cost which are due to our revised estimates of the number of junk fax complaints filed annually with the Commission (which will impact the burden hours for businesses that must respond to such complaints).

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Annual Cost to Federal Government: $12,461,800

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)? No

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: 03/22/2010

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