Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278

Forms and Documents

Document	Type	Status	Availability
Supporting Statement OMB 3060-0519 (2011).doc	Supporting Statement A	Uploaded 2011-09-08	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
30303	Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278		Modified
182445	Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278		Modified

ICR Details

OMB Control No: 3060-0519	ICR Reference No: 201109-3060-003
Status: Historical Active	Previous ICR Reference No: 200809-3060-003
Agency/Subagency: FCC	Agency Tracking No: CGB
Title: Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/19/2011
	Date Received in OIRA: 09/08/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2014	36 Months From Approved	10/31/2011
Responses	147,409,229	0	135,607,383
Time Burden (Hours)	684,433	0	625,406
Cost Burden (Dollars)	3,989,700	0	4,590,000

---

Abstract: 47 CFR Parts 64 and 68 of the Commission's rules contain procedures for avoiding unwanted telephone solicitations to residences, and to regulate the use of automatic telephone dialing systems, artificial or prerecorded voice messages, and telephone facsimile machines. The Commission believes that the recordkeeping requirement is the best means of preventing unwanted telephone solicitations.

---

Authorizing Statute(s): US Code: 47 USC 227 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 39872	07/07/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 55675	09/08/2011
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278

---

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	147,409,229	135,607,383	0	0	11,801,846	0
Annual Time Burden (Hours)	684,433	625,406	0	0	59,027	0
Annual Cost Burden (Dollars)	3,989,700	4,590,000	0	0	-600,300	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: No

Burden Reduction Due to:

Short Statement: The Commission corrected and reevaluated the burdens associated with this information collection. For example, the burden hours and costs associated with 47 C.F.R. § 64.1200(g) compliance increased significantly because the prior calculation did not reflect the annual notification requirement, but instead indicated that the notification would occur "on occasion." With respect to other information collection requirements contained herein, the Commission makes the following assessments described herein: (1) The Commission's estimate for the total annual number of respondents has increased by +754, from 49,397 respondents to 50,151 respondents; (2) The Commission's estimate for the total annual number of responses has increased by +11,801,846 from 135,607,383 responses to 147,409,229 responses; (3) The Commission's estimate for the total annual burden hours has increased by +59,027 from 625,406 hours to 684,433 hours; and (4) The Commission's estimate for the total annual costs has decreased by -$600,300, $4,590,000 to $3,989,700. With this submission, the Commission used data from FCC Form 499-A filings and the FTC's Biennial Report to Congress to reexamined and reevaluated the data in this supporting statement. There are no program changes.

---

Annual Cost to Federal Government: $0

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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: 09/08/2011

---