OMB Control No. 3060-0874 July 2013
FCC Form 2000 A through H, FCC Form RDA, FCC Form 475-B, FCC Form 1088 A through H, and FCC Form 501 – Consumer Complaint Forms: General Complaints, Obscenity or Indecency Complaints, Complaints under the Telephone Consumer Protection Act, and Slamming Complaints
SUPPORTING STATEMENT
The Commission is submitting this revised information collection request to the Office of Management and Budget (OMB) for approval of minor adjustments needed for the filing of informal complaints alleging violations of Section 255, 716, or 718 of the Communications Act of 1934, as amended, and the Commission’s regulations implementing those provisions.1 Pursuant to the new enforcement rules that will go into effect on October 8, 2013, informal complaints alleging violations of Section 255 will no longer be filed on FCC Form 2000C. Instead, informal complaints alleging violations of Sections 255, 716, or 718 will be filed on new FCC Form 2000H. In addition, a new Request for Dispute Assistance form (FCC Form RDA) will be used to initiate the 30-day period that must precede the filing of these informal complaints. The burdens associated with filing the new 2000H and RDA forms were contained in and have been removed from OMB collection 3060-1167. All information collection burdens associated with submission of FCC complaint forms, including modification of the 2000C Form and the creation of the new 2000H and RDA Forms, are consolidated into this collection.
Pursuant to 47 U.S.C. 208 of the Communications Act of 1934 (Act), as amended by the Telecommunications Act of 1996, and 47 CFR §§ 1.711 and 1.716, consumers may file complaints against common carriers with the Commission. Section 208(a) authorizes complaints by any person “complaining of anything done or omitted to be done by any common carrier”2 subject to the provisions of the Act. Section 208(a) specifically states that “it shall be the duty of the Commission to investigate the matters complained of in such a manner and by such means as it shall deem proper.”3
Pursuant to Section 208(a) and the Commission’s rules, informal complaints against common carriers filed by consumers with the Commission are forwarded to the carrier(s) involved, which must satisfy or answer the complaints within the time and in the manner prescribed by the Commission.
Although the Act does not discuss how the Commission should treat complaints against non-common carriers for violations of the Act or the Commission’s rules, the Commission investigates such complaints in a manner similar to the way in which it treats those against common carriers.
The information provided by consumers in their complaints not only assists carriers in resolving or responding to the issues raised by consumers, it also provides the Commission with baseline data that may be used to monitor common carrier marketplace practices and support appropriate enforcement activities. Complaint information also helps inform Commission decision makers about whether new or modified rules are needed to protect the interests of consumers.
The Commission consolidated all of the FCC Complaint Forms into a single collection, which allows the Commission to better manage all forms used to collect informal consumer complaints. Thus, as previously approved by OMB, FCC Form 501, Slamming Complaints, and FCC Form 1088, Complaints under the Telephone Consumer Protection Act, were added to this collection, discontinued in OMB Control Number 3060-0968, and deleted from OMB Control Number 3060-1088, respectively. FCC Form 501 asks consumers and businesses to describe their complaints and issues regarding alleged slamming violations. FCC Form 1088 asks consumers to describe their complaints and issues regarding the “Do-Not-Call” and “Junk Fax Protection” acts, and other related consumer protection issues such as prerecorded messages, automatic telephone dialing systems, and unsolicited commercial email messages to wireless telecommunications devices (cell phones, pagers). Collectively, all of these protections fall under the broad umbrella of the Telephone Consumer Protection Act of 1991 (TCPA).
FCC Form 475B, FCC Form 2000A through G, FCC Form 501, and FCC Form 1088A through H remain unchanged.
The FCC Complaint Forms included in this collection consist of the following:
Form 475B Obscene, Profane, and/or Indecent Material complaint form
http://apps.fcc.gov/cgb/fcc475B.cfm (on-line version)
http://transition.fcc.gov/cgb/consumerfacts/FORM475B.PDF (mail out version)
Form 2000 General Complaints
https://esupport.fcc.gov/ccmsforms/form2000.action (on-line versions)
http://transition.fcc.gov/cgb/consumerfacts/Form2000A.pdf (mail out version)
http://transition.fcc.gov/cgb/consumerfacts/Form2000B.pdf (mail out version)
http://transition.fcc.gov/cgb/consumerfacts/Form2000C.pdf (mail out version)
http://transition.fcc.gov/cgb/consumerfacts/Form2000D.pdf (mail out version)
http://transition.fcc.gov/cgb/consumerfacts/Form2000E.pdf (mail out version)
http://transition.fcc.gov/cgb/consumerfacts/Form2000F.pdf (mail out version)
http://transition.fcc.gov/cgb/consumerfacts/Form2000G.pdf (mail out version)
Form 2000H (Communications Accessibility Informal Complaint) and Form RDA (Request for Dispute Assistance)
[URLs to be provided when available]
Form 501 Slamming Complaint
http://fjallfoss.fcc.gov/cgb/Form501/fcc501.cfm (on-line version)
http://www.fcc.gov/cgb/consumerfacts/form501.pdf (mail out version)
Form 1088 Complaints under the Telephone Consumer Protection Act
https://esupport.fcc.gov/form1088/consumer.do?form_page=1088A (on-line version)
http://www.fcc.gov/cgb/consumerfacts/1088A-R.pdf (mail out version)
Synopsis of Forms:
FCC Form 475B is used by consumers to lay out precisely their complaint(s) and issue(s) concerning practices of telecommunications entities, which consumers believe may have aired obscene, profane and/or indecent programming.
FCC Form 2000 is used by consumers to briefly describe the nature of their complaint(s) and issue(s) concerning practices of communications entities and the type of resolution the consumer is seeking. The form is used for all telephone-related complaints, except slamming complaints for which FCC Form 501, Slamming Complaints Form, must be used.4
The potential branches that a consumer could follow from the Selection Page are:
● 2000A – Deceptive or Unlawful Advertising or Marketing Complaint
● 2000B – Billing, Privacy, or Service Quality Complaint
● 2000C – Disability Access Complaint (modified to eliminate Section 255 complaints; see also 2000H Communications Accessibility Informal Complaint)
● 2000D – Emergency or Public Safety Complaint
● 2000E – Media (General) Complaint
● 2000F – Other Communications Complaint Not Covered by Form 2000A through Form 2000E or Forms 2000G and 2000H
● 2000G – Loud Commercial Complaint
2000H – Communications Accessibility Informal Complaint (new form for alleged violations of Sections 255, 716, and 718 of the Communications Act)
FCC Form RDA, Request for Dispute Assistance, is used by consumers to request assistance from the Commission (CGB/DRO) to resolve communications accessibility problems; a minimum 30-day prerequisite to filing an informal complaint using Form 2000H with the Enforcement Bureau (EB).
FCC Form 501, Slamming Complaints, asks consumers and businesses to describe their complaints and issues regarding alleged slamming violations.
Form 1088 collects complaints pursuant to the Telephone Consumer Protection Act. The potential branches that a consumer could follow from the main Selection Page are:
1088A – Junk Fax Complaint
1088B – Live Call Received at a Residential Telephone Line Complaint
1088C – Prerecorded Message Received at a Residential Telephone Line Complaint
1088D – “Abandoned” Calls and “War Dialing” Received at a Business or Residential Telephone Line Complaint
1088E – Business Telephone Complaint
1088F – Emergency Telephone; Patient Telephone in Hospital, Nursing Home, or Elderly Care Facility Complaint
1088G – Call or Message to Wireless Device (Cell Phone or Pager) Complaint
1088H – Call or Message to Toll-Free Number (800, 888, Etc.) or Any Other Service (Except Wireless) for Which the Called Party is Charged Complaint
The branching strategies are designed to assist both on-line users and paper-based users of the forms who will need to download or have mailed only the sections of the form related to their specific complaint.
2. The information received in FCC Form 475B, FCC Form 2000 A through H, FCC Form RDA, FCC Form 501, and FCC Form 1088 A through H is used by Commission staff to: (a) assist in the resolution of complaints as a part of investigative work performed by federal and state law enforcement agencies to monitor industry practices and to promote compliance with federal and state requirements; (b) provide redress to consumers; (c) act against companies engaged in illegal practices as soon as possible; (d) determine advertisers’ compliance with the TCPA and Junk Fax Prevention Act; and (e) to process and respond to complaints against advertisers. Such information is also used by advertisers to comply with the rules (when they must remove certain numbers from their databases).
This information collection includes personally identifiable information (PII).
(1) As required by OMB Memorandum M-03-22 (September 26, 2003), the FCC completed a Privacy Impact Assessment (PIA)5 on June 28, 2007, that gives a full and complete explanation of how the FCC collects, stores, maintains, safeguards, and destroys the PII covered by these information collection requirements. The PIA may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
(2) Furthermore, as required by the Privacy Act, 5 U.S.C. § 552a, the FCC also published a system of records notice (SORN), FCC/CGB-1, “Informal Complaints and Inquiries,” in the Federal Register on December 15, 2009 (74 FR 66356), which became effective on January 25, 2010.
3. The Commission expects that most complainants will access and submit the forms electronically. The approved FCC Forms 475-B, 2000, RDA, 501, and 1088 are accessible from the Commission’s website and through the agency’s consumer offices. The Commission also makes FCC Form 475-B, FCC Form 2000, FCC Form RDA, FCC Form 501, and FCC Form 1088 available in “paper format,” which respondents may obtain by calling the FCC at: 1-CALL-FCC (1-888-225-5322), TTY: 1-888-TELL-FCC (1-888-835-5322), or by writing to:
Federal Communications Commission or FCC
445 12th Street, SW
Washington, DC 20554
4. Since the data collection is specific to the consumer filing the information, there is limited duplication.
Duplication may exist where a consumer files a complaint directly with the Commission and then files the same complaint with a Congressional office, which subsequently forwards it to the Commission.
(ii) The Consumer Inquiries and Complaints Division shares responsibility with the Commission’s Enforcement Bureau on processing programming complaints and will work closely with the Enforcement Bureau in order to identify duplicate Form 475-B, Form 2000, Form 501 and Form 1088 complaints. The web-based versions of Form RDA and Form 2000H have been designed to reduce possible duplication and reduce the burden on consumers by transferring information from Form RDA automatically into Form 2000H when the consumer files Form 2000H electronically.
5. The Commission is committed to reducing the regulatory burdens on small businesses whenever possible, consistent with the Commission’s other public interest responsibilities. The Commission believes that few, if any small businesses and other small entities will be impacted by this collection. If some small entities are impacted, the Commission believes that by having access to the Internet, filing a complaint becomes less costly and time consuming.
6. The information collection comprising FCC Form 475-B, FCC Form 2000, Form RDA, FCC Form 501, and FCC Form 1088 will afford the Commission an opportunity to expedite processing of consumer complaints by minimizing the potential of the Commission being inundated with consumer complaints requiring manual processing of information received in a non-electronic environment.
7. There are no special circumstances that would cause this collection of information to be collected in a manner that is inconsistent with the guidelines in 5 CFR 1320.
8. Pursuant to 5 CFR § 1320.8(d), the Commission placed a notice soliciting public comment on the information collection requirements contained in this supporting statement in the Federal Register. See 78 FR 29369, May 20, 2013. No comments from the public were received.
9. The Commission does not anticipate providing any payment or gift to any respondents.
10. Assurances of confidentiality are being provided to the respondents.
(a) The Commission is requesting that individuals (consumers/respondents) submit their names, addresses, telephone numbers, and email addresses, which the Commission’s staff needs to process the complaints. A privacy statement is included on all FCC forms accessed through our Internet web site.
(b) In addition, respondents are made aware of the fact that their complaint information may be released to law enforcement officials and other parties as mandated by law (i.e. court-ordered subpoenas). Such information is contained in the Consumer Information Management System (CIMS) and the Consolidated Complaint Management System (CCMS) databases, which are covered under the Commission’s system of records notice (SORN), FCC/CGB-1, “Consumer Inquiries and Complaints Division.” The PII covered by this system of records notice is used by Commission personnel to handle and to process informal complaints from individuals and groups. The Commission will not share this information with other federal agencies except under the routine uses listed in the SORN.
The PIA6 that the FCC completed on June 28, 2007 gives a full and complete explanation of how the FCC collects, stores, maintains, safeguards, and destroys the PII, as required by OMB regulations and the Privacy Act, 5 U.S.C. 552a. The PIA may be viewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
11. This information collection does not raise any questions or issues of a sensitive nature.
(a) Additionally, consumers are cautioned not to provide personal information such as social security number, credit card numbers, etc.
(b) As noted earlier, the Commission does require consumers (respondents) to provide their names, addresses, telephone numbers and email addresses so that Commission staff may process these complaints more expeditiously and if the Commission needs to contact the complainant for any additional information to resolve the complaint.
(c) In instances where consumers provide PII, the FCC has a SORN, FCC/CGB-1, “Informal Complaints and Inquiries,” to cover the collection, use, storage, and destruction of the PII. A full explanation of the privacy safeguards may be found in the Privacy Impact Assessment that the FCC completed on June 28, 2007 and that may be viewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
12. Estimates of the hour burden for the collection of information are as follows:
Burden for FCC Form 475-B – Obscene, Profane, and/or Indecent Material Complaint
Form
Total Number of Annual Respondents: 26,427 consumers
Of the 26,427 complaints, the Commission estimated that 18% will be submitted electronically through its website; .03% will be submitted via calls to the toll-free number; 80% will be sent by e-mail; and 1.4% will be sent via facsimile.7 This estimate is based on the total current volume of complaints received by the Commission.
Total Number of Annual Responses:
26,427 consumers x 1FCC Form 475-B/yr = 26,427 responses
Total Annual Number of Burden Hours:
26,427 consumers x 1FCC Form 475-B/yr x .25 hours/response = 6,607 hours
Total Annual “In-House” Cost: $0
Because this form is used solely by consumers (respondent), there will be no “in-house” personnel to comply with the requirement nor cost to respondents since all information is available based on personal experiences.
Burden for FCC Form 501 -- Slamming Complaint Form
Total Annual Number of Respondents:
627 consumers + 85 businesses = 712 respondents8
Total Annual Number of Responses:
627 consumers + 85 business slamming complaints = 712 responses
Total Annual Number of Burden Hours:
627 consumer + 85 business slamming complaint forms x .25 hours (15 minutes per response) = 178 hours
Total Annual In-House Cost:
The Commission believes that businesses would use “in-house” personnel to complete this process whose pay is comparable to mid-level federal employee (GS-9/5 ($28.04/hour), plus 30% overhead ($8.41); therefore, the Commission estimates the businesses’ costs to be about $36.45 per hour to comply with the requirement. The consumers do not have in-house costs.
85 businesses x .25/hr. x $36.45 = $774.56
Burden for FCC Form 1088 – Complaints under the Telephone Consumer Protection
Act Form
Total Annual Number of Respondents: 198,560 respondents9
Total Annual Number of Responses: 198,560 responses
Total Annual Number of Burden Hours:
The Commission estimates that 198,560 consumers will file a complaint annually with the
FCC to address his/her complaint on various TCPA issues, which may require approximately
30 minutes (.50 hours) to resolve:
198,560 consumers x .50 hours/complaint = 99,280 hours
Total Annual “In-House” Cost: $0
The Commission estimates that there are no specific “in house” or other annual costs for
those who file these complaints with the facsimile sender.
Burden for FCC Form 2000A through G – General Complaints
The Commission estimated that there will be approximately 89,084 consumers who will file FCC 2000A through G complaint forms annually utilizing the combined methods available (i.e., fax, email, telephone, website, writing).
Of these 89,084 consumers, the Commission previously estimated that 120 consumers would use FCC Form 2000C annually to file complaints alleging violation of Section 255 of the Communications Act. Consumers filing complaints under Section 255 will now use FCC Form 2000H (discussed next). Therefore, the number of consumers expected to file FCC Form 2000C, along with the number of responses and associated burden hours, is reduced by 120.
The process of filling out this form will be done “on-occasion” when the consumer has a complaint concerning a common carrier entity. It will require approximately 30 minutes to complete this process.
Total Annual Number of Respondents: 88,964 consumers
Total Annual Number of Responses:
88,964 consumers x 1 FCC Form 2000A through G/year = 88,964 responses
Annual Number of Burden Hours:
88,964 consumer x 1 FCC Form 2000A through G/year x .50 hrs/response = 44,482 hours
Total Annual “In-House” Cost: $0
Because this form is used solely by consumers (respondent), there will be no “in-house” personnel to comply with the requirement nor cost to respondents since all information is available based on personal experiences.
Burden for FCC Form 2000H – Communications Accessibility Informal Complaints
The Commission estimates that approximately 500 consumers (individuals with disabilities or their representatives) will file FCC Form 2000H annually alleging a violation of Section 255 (telecommunications services and equipment), Section 716 (advanced communications services or equipment), or Section 718 (Internet browsers on mobile phones) of the Communications Act.
The Commission estimates that the consumer will complete the complaint form in approximately 15 minutes. This estimate is based on Commission staff’s knowledge and familiarity with the availability of the data required. The short amount of time reflects the fact that the contact information, description of the accessibility problem, and related information will be transferred automatically from Form RDA (discussed next) into Form 2000H when the consumer files Form 2000H electronically.
Total Annual Number of Respondents: 500 consumers
Total Annual Number of Responses:
500 consumers x 1 FCC Form 2000H/year = 500 responses
Annual Number of Burden Hours:
500 consumers x 1 FCC Form 2000H/year x .25 hrs/response = 125 hours
Total Annual “In-House” Cost: $0
Because FCC Form 2000H is used by consumers (respondents), there will be no “in-house” personnel to comply with the requirement nor cost to respondents since all information is available based on personal experiences.10
Burden for FCC Form RDA – Request for Dispute Assistance
The Commission estimates that approximately 750 consumers (individuals with disabilities or their representatives) will file RDA forms annually alleging a lack of accessibility of telecommunications services or equipment, advanced communications services or equipment, or Internet browsers on mobile phones. The Commission estimates that the consumer will complete the RDA form in approximately 30 minutes.11 This estimate is based on Commission staff’s knowledge and familiarity with the availability of the data required. The contact information, description of the accessibility problem, and related information provided will be transferred from Form RDA automatically into Form 2000H (discussed above) when the consumer files Form 2000H electronically.
Total Annual Number of Respondents: 750 consumers12
Total Annual Number of Responses:
750 consumers x 1 FCC Form RDA/year = 750 responses
Annual Number of Burden Hours:
750 consumers x 1 FCC Form RDA/year x .50 hrs/response = 375 hours
Total Annual “In-House” Cost: $0
Because FCC Form RDA is used by consumers (respondents), there will be no “in-house” personnel to comply with the requirement nor cost to respondents since all information is available based on personal experiences.13
Cumulative Totals for FCC Form 475-B, FCC Form 501, FCC Form
2000A through H, FCC Form RDA, and FCC Form 1088:
Total Cumulative Number of Annual Respondents:
26,427 + 712 + 198,560 + 88,964 + 500 + 25014 = 315,413 respondents
Total Cumulative Number of Annual Responses:
26,427 + 712 + 198,560 + 88,964 + 500 + 750 = 315,913 responses
Total Cumulative Annual Burden Hours:
6,607 + 178 + 99,280 + 44,482 + 125+ 375 = 151,047 hours
Total Cumulative Annual “In-House” Cost: $774.56
13. There are no annual costs to respondents.
All complaints submitted by respondents for all of the FCC Complaint Forms are voluntary. The information required to complete the forms is available based on respondents’ memory, notes, telephone bills or other documents. The consumer already has access to the Internet, and no additional costs are incurred to submit the complaint.
(a) Total annualized capital/startup costs: None
(b) Total annual cost (O&M): None
(c) Total annualized cost requested: None
14. The FCC will continue to administer the FCC Complaint Forms (FCC Forms 2000, RDA, 475-B, 501 and 1088) using Commission staff.
For FCC Forms 475-B, 501, 2000, RDA, and 1088, the Commission will use paraprofessional staff at the GS-12/5 ($40.66/hour) level to process the data sent to the Commission. The Commission makes the following estimates:
89,464 FCC Form 2000 complaint forms x 30 minutes (.50 hours) of staff processing time/form x $40.66/hour = $1,818,803.12
750 FCC Form RDA forms x 60 minutes (1 hour) of staff processing time/form x $40.66/hour = $30,495.00
26,427 FCC 475-B complaint forms x 15 minutes (.25 hours) of staff processing time/form x $40.66/hour = $268,630.45
712 FCC Form 501 complaint forms x 30 minutes (.50 hours) of staff processing time/form x $40.66/hour = $14,474.96
198,560 FCC Form 1088 complaint forms x 30 minutes (.50 hours) of staff processing time/form x 40.66 = $4,036,724.80
The Commission will also use professional staff at the GS-14/5 ($57.13/hour) level to conduct enforcement efforts for Form 1088. The Commission estimates the time associated with investigating each Form 1088 complaint to be on average 3 hours.
198,560 FCC Form 1088 complaint forms x 3 hours of staff investigating time/form x 57.13/hour = $34,031,198.40
Total Cost to the Federal Government:
$1,818,803.12 + $30,495.00 + $268,630.45 + $14,474.96 + $4,036,724.80 + $34,031,198.40 = $40,200,326.73
15. This is a revised collection of information. The increases added to OMB’s inventory as a result of these revisions are as follows:
(a) The Commission’s estimate for the number of respondents has increased by +630, from 314,783 respondents to 315,413 respondents;
(b) The Commission’s estimate for number of responses has increased by +1,130, from 314,783 responses to 315,913 responses;
(c) The Commission’s estimate for the total annual burden hours has increased by +440, from 150,607 hours to 151,047 hours.
There are no program changes.
16. There are no plans to publish the result of the collection of information. The Commission will, however, post this information on its webpage and will comply with all valid FOIA requests in regard to information sought on the FCC Forms 2000, RDA, 475-B, 501 and 1088.
17. The Commission does not intend to seek approval not to display the expiration date for OMB approval of this information.
18. There are no exceptions to the Certification Statement.
B. Collections of Information Employing Statistical Methods
The Commission does not anticipate that the collection of information will employ statistical methods.
1 47 U.S.C. § 618; 47 C.F.R. §§ 14.30-14.52 (recordkeeping and enforcement requirements for entities subject to Sections 255, 716, and 718 of the Communications Act).
2 47 U.S.C. § 208(a).
3 47 U.S.C. § 208(a).
4 Because slamming complaints are covered under separate FCC regulations and different information is required to be submitted by consumers in order to process a complaint, it remains necessary to utilize a separate form, FCC Form 501.
5 The Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN.
6 As stated in fn.4, the Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN.
7 Based on recent trends, a statistically insignificant number of complaints regarding obscene, profane, and/or indecent material will be submitted in writing (by form or letter).
8 This estimate is based on the total current volume of complaints received by the Commission.
9 This estimate is based on the total current volume of complaints received by the Commission.
10 The burdens associated with administering FCC Form 2000H complaints are maintained in this collection. See question 14, below. The burdens associated with processing FCC Form 2000H complaints remain with the collection found under OMB Control No. 3060-1167.
11 In the collection found in OMB Control No. 3060-1167, the Commission estimated 1 hour for consumers to file a request for dispute assistance. This estimate has been reduced to 30 minutes because FCC Form RDA has been developed and is being made available electronically.
12 The Commission estimates that 500 of the 750 respondents who file FCC Form RDA will later file FCC Form 2000H (see above). As a result, only 250 of the 750 respondents who file FCC Form RDA are included in the cumulative collection totals below.
13 The burdens associated with administering FCC Form RDAs are maintained in this collection. See question 14, below. The burdens associated with processing FCC Form RDAs remain with the collection found under OMB Control No. 3060-1167.
14 The Commission estimates that 500 of the 750 respondents who file FCC Form RDA will later file FCC Form 2000H (see above). As a result, only 250 of the 750 respondents who file FCC Form RDA are included in the cumulative collection totals here.
| File Type | application/msword |
| File Title | 3060-0519 |
| Author | emcmahon |
| Last Modified By | Cathy Williams |
| File Modified | 2013-07-17 |
| File Created | 2013-07-17 |