Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-1078 (2022 extension).docx Supporting Statement A	2022-05-05

IC Document Collections

IC ID	Document Title	Status
31713	Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53	Modified
182297	Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53	Modified

ICR Details

OMB Control No: 3060-1078	ICR Reference No: 202205-3060-001
Status: Received in OIRA	Previous ICR Reference No: 201906-3060-007
Agency/Subagency: FCC	Agency Tracking No: CGB/Policy
Title: Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53
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: 05/05/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2022
Responses	1,908,572	1,908,572
Time Burden (Hours)	1,237,036	1,237,036
Cost Burden (Dollars)	624,882	579,995

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Abstract: The Commission released a Report and Order on August 12, 2004 (FCC 04-52) adopting rules to prohibit the sending of commercial messages to any address referencing an Internet domain name associated with wireless subscribers' messaging services, unless the individual addressee has given the sender express prior authorization. To assist the senders of such messages in identifying those subscribers, the Commission requires that Commercial Mobile Radio Service (CMRS) providers submit those domain names to the Commission, for inclusion in a list that will be made publicly available on the FCC’s website. No individual subscriber’s electronic mail addresses will be collected or included on this list. CMRS providers will be required to supply the Commission with names of all Internet domains on which they offer mobile messaging service. The rules prohibit sending any commercial messages to addresses that contain domain names that have been included on the official list for at least 30 days or at any time prior to 30 days if the sender otherwise knows that the message is addressed to a wireless device.

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Authorizing Statute(s): US Code: 15 USC 7701-7713 Name of Law: CAN-SPAM Act of 2003
  

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:
	87 FR 9616	02/22/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 26757	05/05/2022
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 Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53
Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM ACT); CG Docket No. 04-53

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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	1,908,572	1,908,572	0	0	0	0
Annual Time Burden (Hours)	1,237,036	1,237,036	0	0	0	0
Annual Cost Burden (Dollars)	624,882	579,995	0	0	44,887	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:

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Annual Cost to Federal Government: $2,887

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.     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: 05/05/2022

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