64932 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

Total Annual Cost: None. 

Privacy Impact Assessment: Yes. 

Needs and Use: FCC Form 501, 

Slamming Complaint Form, is designed 

to assist consumers in filing slamming 

complaints with the Commission. The 

form is devised to ensure complete and 

efficient submission of necessary 

information to process slamming 

complaints. FCC Form 501 remains 

available to consumers electronically 

and in hard copy. The Commission will 

use this information to provide redress 

to consumers and to act against 

companies engaged in this illegal 

practice as soon as possible.

OMB Control Number: 3060–0519. 

Title: Rules and Regulations 

Implementing the Telephone Consumer 

Protection Act (TCPA) of 1991. 

Form Number: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Individuals or 

households; Business or other for-profit 

entities; Not-for-profit institutions. 

Number of Respondents: 54,497. 

Estimated Time per Response: 0.004 

hours (15 seconds)–3 hours (avg). 

Frequency of Response:

Recordkeeping; On occasion reporting 

requirement; Third Party disclosure. 

Total Annual Burden: 1,851,600 

hours. 

Total Annual Costs: $4,360,500. 

Privacy Impact Assessment: Yes. 

Needs and Uses: On March 11, 2003, 

the Do-Not-Call Implementation Act 

(Do-Not-Call Act) was signed into law 

requiring the Commission to issue a 

final rule in its ongoing TCPA 

proceeding within 180 days of March 

11, 2003, and to consult and coordinate 

with the Federal Trade Commission 

(FTC) to ‘‘maximize consistency’’ with 

the rule promulgated by the FTC in 

2002. On March 25, 2003, the FCC 

released a Further Notice of Proposed 

Rulemaking (FNPRM) seeking comment 

on the Commission’s requirements 

under the Do-Not-Call Act. On July 3, 

2003, the Commission released a Report 

and Order (2003 TCPA Order), the 

Commission revised the current TCPA 

rules and adopted new rules to provide 

consumers with several options for 

avoiding unwanted telephone 

solicitations. The Commission 

established a national do-not-call 

registry for consumers who wish to 

avoid most unwanted telemarketing 

calls. This national do-not-call registry 

will supplement the current companyspecific do-not-call rules for those 

consumers who wish to continue 

requesting that particular companies not 

call them. The FCC also adopted a new 

provision to permit consumers to 

provide permission to call to specific 

companies by an express written 

agreement. The TCPA rules exempt 

from the ‘‘do-not-call’’ requirements 

nonprofit organizations, companies with 

whom consumers have an established 

business relationship, and calls to 

persons with whom the telemarketer has 

a personal relationship. Any company, 

which is asked by a consumer, 

including an existing customer, not to 

call again must honor that request for 

five (5) years. 

The Commission retains the current 

calling time restrictions of 8 a.m. until 

9 p.m. On September 21, 2004, the 

Commission released an Order (2004 

Safe Harbor Order), establishing a 

limited safe harbor in which persons 

will not be liable for placing autodialed 

and prerecorded message calls to 

numbers ported from a wireline service 

within the previous 15 days. The 

Commission also amended its existing 

national do-not-call registry safe harbor 

to require telemarketers to scrub their 

lists against the do-not-call database 

every 31 days.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–24964 Filed 11–8–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; Open 

Commission Meeting, Tuesday, 

November 9, 2004

November 2, 2004. 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on Tuesday, 

November 9, 2004, which is scheduled 

to commence at 9:30 a.m. in Room TW–

C305, at 445 12th Street, SW., 

Washington, DC.

Item No. Bureau Subject 

1 ............... International .......................................... The International Bureau will present a report on the recently completed ITU World Telecommunication Standardization Assembly (WTSA) and the Commission’s participation 

in the conference. 

2 ............... Wireless Telecommunications ............. Title: The 4.9 GHz Band Transferred from Federal Government Use (WT Docket No. 00–

32). 

Summary: The Commission will consider a Memorandum Opinion and Order regarding 

changes to the rules applicable to the 4.940–4.990 GHz Band. 

3 ............... Wireline Competition ............................ Title: Local Telephone Competition and Broadband Reporting (WC Docket No. 04–141). 

Summary: The Commission will consider a Report and Order regarding modifications to 

and extension of its Form 477 local competition and broadband data gathering program. 

4 ............... Wireline Competition ............................ Title: Vonage Holdings Corporation Petition for Declaratory Ruling Concerning an Order 

of the Minnesota Public Utilities Commission (WC Docket No. 03–211). 

Summary: The Commission will consider a Memorandum Opinion and Order concerning 

Vonage’s Petition for Declaratory Ruling regarding its DigitalVoice service in Minnesota. 

Additional information concerning 

this meeting may be obtained from 

Audrey Spivack or David Fiske, Office 

of Media Relations, (202) 418–0500; 

TTY 1–888–835–5322. Audio/Video 

coverage of the meeting will be 

broadcast live over the Internet from the 

FCC’s Audio/Video Events Web page at 

http://www.fcc.gov/realaudio.

For a fee this meeting can be viewed 

live over George Mason University’s 

Capitol Connection. The Capitol 

Connection also will carry the meeting 

live via the Internet. To purchase these 

services call (703) 993–3100 or go to 

http://www.capitolconnection.gmu.edu. 

Audio and video tapes of this meeting 

can be purchased from CACI 

Productions, 14151 Park Meadow Drive, 

Chantilly, VA 20151, (703) 679–3851. 

Copies of materials adopted at this 

meeting can be purchased from the 

FCC’s duplicating contractor, Best Copy 

and Printing, Inc. (202) 488–5300; Fax 

(202) 488–5563; TTY (202) 488–5562. 

These copies are available in paper 

format and alternative media, including 

large print/type; digital disk; and audio 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 64933

1These imputed expenses, such as taxes that 

would have been paid, and the return on equity that 

would have to be earned had the services been 

furnished by a private business firm, are referred to 

as the private-sector adjustment factor (PSAF). The 

ten-year recovery rate is based upon the pro forma 

income statements for Federal Reserve Banks’

priced services published in the Board’s Annual 

Report. Beginning in 2000, the PSAF has included 

additional financing costs associated with pension 

assets attributable to priced services. This ten-year 

cost recovery rate has been computed as if these 

costs were not included in the PSAF calculations 

prior to 2000. If these costs were included in the 

calculations, and assuming that the Reserve Banks 

would not have made any contemporaneous cost or 

revenue adjustments, the ten-year recovery rate 

would be 96.9 percent.

tape. Best Copy and Printing, Inc. may 

be reached by e-mail at 

FCC@BCPIWEB.com.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–25056 Filed 11–5–04; 12:04 pm] 

BILLING CODE 6712–01–U

FEDERAL RESERVE SYSTEM

[Docket No. OP–1216] 

Federal Reserve Bank Services

AGENCY: Board of Governors of the 

Federal Reserve System.

ACTION: Notice.

SUMMARY: The Board has approved the 

2005 fee schedules for Federal Reserve 

priced services and electronic access 

and a private-sector adjustment factor 

(PSAF) for 2005 of $161 million. These 

actions were taken in accordance with 

the requirements of the Monetary 

Control Act of 1980, which requires 

that, over the long run, fees for Federal 

Reserve priced services be established 

on the basis of all direct and indirect 

costs, including the PSAF. The Board 

has also approved changing the earnings 

credit rate on clearing balances from 90 

percent of the three-month Treasury bill 

rate to 80 percent of the three-month 

Treasury bill rate.

DATES: The new fee schedules become 

effective January 3, 2005, except 

Fedwire funds transaction fees, which 

become effective July 1, 2005. The 

change in the earnings credit rate on 

clearing balances becomes effective 

January 6, 2005.

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the fee schedules: 

Jack K. Walton II, Assistant Director, 

(202/452–2660); Gregory E. Cannella, 

Financial Services Analyst, (202/530–

6214), Division of Reserve Bank 

Operations and Payment Systems. For 

questions regarding the PSAF and 

earnings credits on clearing balances: 

Gregory L. Evans, Manager, Financial 

Accounting, (202/452–3945); or Brenda 

Richards, Financial Project Leader, 

(202/452–2753); or Jonathan Mueller, 

Financial Analyst, (202/530–6291), 

Division of Reserve Bank Operations 

and Payment Systems. For users of 

Telecommunications Device for the Deaf 

(TDD) only, please call 202/263–4869. 

Copies of the 2005 fee schedules for the 

check service are available from the 

Board, the Federal Reserve Banks, or the 

Reserve Banks’ financial services Web 

site at http://www.frbservices.org.

SUPPLEMENTARY INFORMATION: 

I. Priced Services 

A. Discussion—From 1994 through 

2003, the Reserve Banks recovered 97.8 

percent of their total costs for providing 

priced services, including special 

project costs, imputed expenses, and 

targeted after-tax profits or return on 

equity (ROE).1

Table 1 summarizes 2003 actual, 2004 

estimated, and 2005 budgeted cost 

recovery rates for priced services. Cost 

recovery is estimated to be 94.6 percent 

in 2004 and budgeted to be 100.1 

percent in 2005. The performance of the 

check service heavily influences the 

aggregate cost recovery rates, and 

accounts for approximately 80 percent 

of the total cost of priced services. The 

electronic services (FedACH, Fedwire 

funds and national settlement (NSS), 

and Fedwire securities) account for 

approximately 20 percent of costs, while 

the noncash collection service 

represents a de minimis amount.

TABLE 1.—PRO FORMA COST AND REVENUE PERFORMANCE a

[$ millions] 

Year 1 b

Revenue 

2 c

Total expense 

3

Net income 

(ROE)

[1–2] 

4 d

Target ROE 

5

Recovery rate 

after target 

ROE

[1/(2+4)] 

2003e .................................................................................... 881.7 931.3 ¥49.6 104.7 85.1% 

2004 (Estimate) .................................................................... 910.8 850.6 60.2 112.4 94.6% 

2005 (Budget) ...................................................................... 900.6 796.9 103.7 102.9 100.1% 

a Calculations in this table and subsequent pro forma cost and revenue tables may be affected by rounding. 

b Revenue includes net income on clearing balances (NICB). For 2003, clearing balances, net of imputed reserve requirements and balances 

used to finance priced services assets, are assumed to be invested in three-month Treasury bills. For 2004 and 2005, net clearing balances are 

assumed to be invested in a broader portfolio of investments. Based on the historical average return on the broader portfolio, income is imputed 

as a constant return over the rate used to determine the cost of clearing balances. NICB equals the imputed income from these investments less 

earnings credits granted to holders of clearing balances. For 2003, the cost of clearing balances was based on the federal funds rate, and for 

2004 and 2005 the cost is based on the discounted three-month Treasury bill rate. cThe calculation of total expense includes operating, imputed, and other expenses. Imputed and other expenses include taxes, FDIC insurance, Board of Governors’ priced services expenses, the cost of float, and interest on imputed debt, if any. Credits or debits related to the accounting for pensions under FAS 87 are also included. dTarget ROE is the after-tax ROE included in the PSAF. 

e 2003 calculations include special cash services, which are no longer offered by the Reserve Banks. 

Table 2 presents an overview of the 

2003 actual, 2004 budget, 2004 estimate, 

and 2005 budget cost recovery 

performance by priced service.