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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Supporting Statement OMB 3060-0519 (2015).doc	Supporting Statement A	Uploaded 2015-07-07	Available

IC Document Collections

Information collection document groups

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: 201507-3060-005
Status: Historical Active	Previous ICR Reference No: 201207-3060-012
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: 09/14/2015
	Date Received in OIRA: 07/08/2015
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2018	36 Months From Approved	09/30/2015
Responses	147,368,997	0	147,453,559
Time Burden (Hours)	666,138	0	712,140
Cost Burden (Dollars)	2,745,000	0	3,989,700

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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 and reporting requirements are the best means of preventing unwanted telephone solicitations.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 23547	04/28/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 39112	07/08/2015
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

table that charts list 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	147,368,997	147,453,559	0	-44,330	-40,232	0
Annual Time Burden (Hours)	666,138	712,140	0	-11,083	-34,919	0
Annual Cost Burden (Dollars)	2,745,000	3,989,700	0	0	-1,244,700	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: Changing Regulations

Short Statement: On February 15, 2012, the Commission released a Report and Order in CG Docket No. 02-278, FCC 12-21 eliminating the established business relationship exemption for purposes of telemarketing and telephone solicitation, and the elimination of the exemption became effective at the end of 2013. Due to this action, the Commission has program changes to this collection. Therefore, the number of responses reduced by -44,330, from 147,453,559 responses to 147,409,229 responses; and the number of annual hours reduced by -11,083, from 712,140 hours to 701,057 hours. Also, due to the changes in the total number of telemarketers and also the total number of common carriers due to trends in the marketplace, the Commission has reevaluated its previous burdens associated with this information collection and notes the following adjustments in associated burdens and costs described herein: The annual number of respondents reduced by -15,203, from 50,151 respondents to 34,948 respondents; the number of annual responses reduced by -40,232, from 147,409,229 to 147,368,997 responses; the annual burden hours reduced by -34,919, from 701,057 annual hours to 666,138 annual hours; and the total annual cost associated with retaining a third party "scrubber" reduced by -$1,244,700 from $3,989,700 to $2,745,000.

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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: 07/08/2015

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