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

Forms and Documents

Document Name	Status
Supporting statement OMB 3060-0519 (2021 revision) 6 28 21 (final).docx Supporting Statement A	2021-07-06

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: 202107-3060-001
Status: Received in OIRA	Previous ICR Reference No: 201806-3060-008
Agency/Subagency: FCC	Agency Tracking No: CGB/POLICY
Title: Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) 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	Date Submitted to OIRA: 07/06/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2021
Responses	191,628,905	140,186,983
Time Burden (Hours)	3,251,008	606,838
Cost Burden (Dollars)	1,357,200	1,650,600

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Abstract: On December 30, 2020, the Commission released an Order in CG Docket No. 02-278, FCC 20-186, to implement section 8 of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). In doing so, the Commission amended the TCPA exemptions for artificial or prerecorded voice calls made to residential telephone lines so each satisfies the TRACED Act’s requirements to identify who can call, identify who can be called, and limit the number of calls that can be made under the exemptions. Specifically, the Commission adopted limits on the number of calls that can be made under the exemptions for non-commercial calls to a residence, commercial calls to a residence that do not include an advertisement or constitute telemarketing, tax-exempt nonprofit organization calls to a residence, and Health Insurance Portability and Accountability Act (HIPAA)-related calls to a residence. In addition, the Commission required exempted callers to have mechanisms in place to allow consumers to opt out of any future calls.

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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	86 FR 11443	02/25/2021

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 22662	04/29/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 35507	07/06/2021
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 Request	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	191,628,905	140,186,983	0	51,441,922	0	0
Annual Time Burden (Hours)	3,251,008	606,838	0	2,644,170	0	0
Annual Cost Burden (Dollars)	1,357,200	1,650,600	0	-293,400	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: With this submission, the Commission has program changes to this collection to reflect new burdens associated with numerical limits and opt-out mechanisms imposed on calls made under the exemptions for non-commercial calls to a residence; commercial calls to a residence that do not include an advertisement or constitute telemarketing; tax-exempt nonprofit organization calls to a residence; and HIPAA-related calls to a residence as required by section 8 of the TRACED Act. Beyond those program changes, the Commission used data from recent FCC Form 499-A filings and the recent FTC’s Biennial Report to Congress to reexamine and reevaluate the data in this supporting statement. The total number of telemarketers has been reduced and the total number of common carriers has been increased based on this data. Taken together, these changes create significant increases in the number of respondents, responses, annual burden hours, and annual total cost. Therefore, the Commission has the following program changes: The annual number of respondents has increased by 146,866, from 22,503 to 169,369 annual number of respondents; the annual number of responses has increased by 51,441,992, from 140,186,983 to 191,628,905 annual number of responses; the annual burden hours has increased by 2,644,170, from 606,838 to 3,251,008 annual burden hours; and the total annualized cost has decreased by $293,400, from $1,650,600 to $1,357,200.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 07/06/2021

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