Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42

Forms and Documents

Document Name	Status
supporting statement OMB 3060-1088 (2022 extension).docx Supporting Statement A	2022-03-07

IC Document Collections

IC ID	Document Title	Status
44164	Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42	Modified
178325	Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42	Unchanged
178324	Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42	Unchanged

ICR Details

OMB Control No: 3060-1088	ICR Reference No: 202203-3060-007
Status: Received in OIRA	Previous ICR Reference No: 201904-3060-007
Agency/Subagency: FCC	Agency Tracking No: CGB
Title: Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/07/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2022
Responses	6,050,905	6,051,545
Time Burden (Hours)	3,670,625	3,670,945
Cost Burden (Dollars)	1,062,142	1,051,042

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Abstract: On April 5, 2006, the FCC adopted the Report and Order and Third Order on Reconsideration. The final rules modify the Commission's rules on unsolicited facsimile advertisements to implement the Junk Fax Prevention Act of 2005. The reporting and recordkeeping requirements are the best means of implementing the Junk Fax Prevention Act and preventing unsolicited fax advertisements. Also, the Commission is moving the Form 1088 into a different collection, 3060-0874, for purposes of consolidating the collections regarding FCC complaint forms. This collection will no longer include the Form 1088.

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Authorizing Statute(s): PL: Pub.L. 109 - 21 119 Stat. 359 Name of Law: Junk Fax Prevention Act of 2005
   PL: Pub.L. 102 - 243 105 Stat. 2394 Name of Law: Telephone Consumer Protection Act of 1991
  

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:
	86 FR 74092	12/29/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 12453	03/04/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42
Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42
Rules and Regulations Implementing the Telephone Consumer Protection Act (TCPA) of 1991, Report and Order and Third Order on Reconsideration, CG Docket No. 05-338, FCC 06-42

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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	6,050,905	6,051,545	0	0	-640	0
Annual Time Burden (Hours)	3,670,625	3,670,945	0	0	-320	0
Annual Cost Burden (Dollars)	1,062,142	1,051,042	0	0	11,100	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: Because the number of complaints filed with the Commission claiming junk fax violations decreased, this information collection is revised slightly from the previous collection: The Commission notes the following changes: (a) The total number of responses annually has decreased by 640, from 6,051,545 responses to 6,050,905 responses as a result of a revised estimate of the number of complaints filed annually with the Commission; (b) The total annual burden hours have decreased by 320 hours, from 3,670,945 hours to 3,670,625 hours for the existing approved information collection requirements; (c) The total annual cost burden has increased by $11,100, from $1,051,042 to 1,062,142. There are no program changes to this collection.

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Annual Cost to Federal Government: $619,644

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.     Yes

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.     Yes

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: 03/07/2022

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