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

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-0519 (revision) for FCC 12-21 Report and Order 051512.doc Supporting Statement A	2012-07-31

IC Document Collections

IC ID	Document Title	Status
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: 201207-3060-012
Status: Historical Active	Previous ICR Reference No: 201109-3060-003
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/17/2012
	Date Received in OIRA: 07/31/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2015	36 Months From Approved	10/31/2014
Responses	147,453,559	0	147,409,229
Time Burden (Hours)	712,140	0	684,433
Cost Burden (Dollars)	3,989,700	0	3,989,700

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Abstract: On February 15, 2012, the Commission released a Report and Order in CG Docket No. 02-278, FCC 12-21, modifying the Commission's rules under the TCPA. Specifically, the Commission: (1) revises its rules to require prior express written consent for all autodialed or prerecorded telemarketing calls to any emergency telephone line (including any "911" line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency), any telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment, or any telephone numbers assigned to a paging service, cellular telephone service, specialized mobile radio service, or other common carrier service or any service for which the called party is charged for the call and for all prerecorded telemarketing calls to residential lines, while maintaining flexibility in the form of consent needed for purely informational calls; (2) eliminates the established business relationship exemption for prerecorded telemarketing calls to residential lines; (3) adopts rules applicable to all prerecorded telemarketing calls that allow consumers to opt out of future robocalls during a robocall; and (4) revises its rules to limit permissible abandoned calls on a per-calling campaign basis to discourage intrusive calling campaigns. Finally, the Commission exempts from TCPA requirements prerecorded calls to residential lines made by health care-related entities governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AI14	Final or interim final rulemaking	77 FR 34233	06/11/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 31850	05/30/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 45350	07/31/2012
Did the Agency receive public comments on this ICR? No

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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

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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	147,453,559	147,409,229	0	44,330	0	0
Annual Time Burden (Hours)	712,140	684,433	0	27,707	0	0
Annual Cost Burden (Dollars)	3,989,700	3,989,700	0	0	0	0

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: Due to the adoption of the Commission's Report and Order, FCC 12-21, the Commission has reevaluated its previous burdens associated with this information collection and makes the following assessments (program changes) described herein: 50,151 annual number of respondents; annual number of responses increased by +44,330, from 147,409,229 to 147,453,559 responses; annual burden hours increased by +27,707, from 684,433 to 712,140 annual hours; and $3,989,700 annual cost. 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.

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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

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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: 07/31/2012

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