Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 3137 

means to request that they not receive 

future unsolicited facsimile 

advertisements from the sender; (2) 

Established Business Relationship 

Recordkeeping whereas the Junk Fax 

Prevention Act provides that the sender, 

e.g., a person, business, or a nonprofit/ 

institution, is prohibited from faxing an 

unsolicited advertisement to a facsimile 

machine unless the sender has an 

‘‘established business relationship’’

(EBR) with the recipient; (3) Facsimile 

Number Recordkeeping in which the 

Junk Fax Prevention Act provides that 

an EBR alone does not entitle a sender 

to fax an advertisement to an individual 

or business. The fax number must also 

be provided voluntarily by the recipient; 

and (4) Express Invitation or Permission 

Recordkeeping where in the absence of 

an EBR, the sender must obtain the prior 

express invitation or permission from 

the consumer before sending the 

facsimile advertisement. 

Section 227 of the Communications 

Act of 1934, as amended, and the FCC’s 

parallel rules restrict various 

telemarketing and advertising activities. 

The new Junk Fax/Telemarketing Form, 

FCC Form 1088, is designed specifically 

for complaints that involve (1) junk 

faxes, (2) telemarketing (including donot-call violations), and (3) other related 

issues such as prerecorded messages, 

automatic telephone dialing systems, 

and unsolicited commercial email 

messages to wireless 

telecommunications devices (cell 

phones, pagers). FCC Form 1088 will 

allow the Commission to collect 

detailed information from consumers 

concerning possible violations of the 

Communications Act and the FCC’s fax 

and telemarketing rules, which will 

enable the Commission to investigate 

rule violations more efficiently and to 

initiate enforcement actions against 

violators as appropriate. By collecting 

their complaints and related 

information in a single, comprehensive 

template, the form will provide a 

standardized way for consumers to file 

complaints, thus eliminating the need 

for further documentation or questions 

from FCC investigators to determine 

whether violations have occurred. This 

ensures that consumers can present 

their complaints in a way that 

maximizes the FCC’s ability to take 

enforcement actions against violators 

and protects complainants and other 

consumers from unlawful telemarketing 

and faxing that is intrusive, uninvited, 

and possibly costly. Furthermore, the 

form’s format avoids the need for 

complainants to compose narratives that 

describe unwanted telemarketing or 

faxing, and instead permits 

complainants to answer questions, 

principally by simply selecting options 

presented on the form, which should 

reduce the time to file a complaint. The 

form will allow the Commission to 

gather and to review this information 

more efficiently. The information the 

form collects may ultimately become the 

foundation for enforcement actions and/ 

or rulemaking proceedings, as 

appropriate. 

FCC Form 1088 asks for the 

complainant’s contact information, 

including name, address, telephone 

number and e-mail address; then 

presents a ‘‘gateway’’ question to 

determine the general topic of the 

complaint: (1) A fax or (2) a call or 

message to a residential telephone, 

business telephone, emergency 

telephone or patient telephone, wireless 

telecommunications device, or any 

service for which the called party is 

charged. After the complainant answers 

this question, the form asks additional 

questions geared to the specific type of 

incident reported. The form poses 

certain mandatory threshold questions 

that must be answered for the 

Commission to determine whether a 

violation has occurred. It also presents 

optional questions for complainants 

who wish to provide the Commission 

with more detailed information that a 

complainant believes may assist the 

Commission in investigating the 

complaint. Finally, the form permits a 

complainant to attest to the accuracy of 

the information provided by ensuring 

that the Commission has documentation 

necessary for any possible enforcement 

actions without further contacting the 

complainant to obtain a sworn 

declaration or other materials. The 

Commission believes the new FCC Form 

1088 to be a logical extension of its Junk 

Fax and Telemarketing rulemaking 

efforts. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 07–309 Filed 1–23–07; 8:45 am] 

BILLING CODE 6712–01–M 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted to OMB 

for Review and Approval 

January 12, 2007. 

SUMMARY: The Federal Communications 

Commissions, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13. An 

agency may not conduct or sponsor a 

collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written comments should be 

submitted on or before February 23, 

2007. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: You may submit your 

Paperwork Reduction Act (PRA) 

comments by e-mail or U.S. postal mail. 

To submit your comments by e-mail 

send them to PRA@fcc.gov. To submit 

your comments by U.S. mail, mark them 

to the attention of Cathy Williams, 

Federal Communications Commission, 

Room 1–C823, 445 12th Street, SW., 

Washington, DC 20554 and Allison E. 

Zaleski, Office of Management and 

Budget (OMB), Room 10236 NEOB, 

Washington, DC 20503, (202) 395–6466 

or via the Internet at 

Allison_E._Zaleski@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection(s) send an e-mail 

to PRA@fcc.gov or contact Cathy 

Williams at (202) 418–2918. If you 

would like to obtain a copy of the 

information collection, you may do so 

by visiting the FCC PRA Web page at: 

http://www.fcc.gov/omd/pra. 

SUPPLMENTARY INFORMATION: 

OMB Control Number: 3060–0029. 

Title: Application for TV Broadcast 

Station License; Application for 

Construction Permit for Reserved 

Channel Noncommercial Educational 

(NCE) Broadcast Station; Application for 

Authority to Construct or Make Changes 


pwalker on PROD1PC71 with NOTICES
3138 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 

in an FM Translator or FM Booster 

Station. 

Form Number: FCC Forms 302–TV, 

340 and 349. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit entities; Not-for-profit 

institutions; State, local or tribal 

government. 

Number of Respondents: 2,785. 

Estimated Time per Response: 0.50–4 

hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. 

Total Annual Burden: 8,370 hours. 

Total Annual Cost: $19,389,625. 

Privacy Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality. 

Needs and Uses: On November 3, 

2006, the Commission adopted the 

Report and Order (‘‘R&O’’), Revision of 

Procedures Governing Amendments to 

FM Table of Allotments and Changes of 

Community of License in the Radio 

Broadcast Services, MB Docket 05–210, 

FCC 06–163. In this R&O, the 

Commission extended to 

noncommercial educational FM 

licensees and permittees the same 

ability to request changes of community 

of license by first come-first served 

minor modification application as was 

being granted to other commercial fullservice AM standard band and FM 

licensees and permittees. Previously, 

because a change in an NCE station’s 

community of license was considered a 

major modification in the station’s 

facilities, an NCE applicant had to await 

the opening of an announced 

Noncommercial Educational (NCE) new 

and major change application filing 

window. Filing on a first-come firstserved basis will significantly reduce 

the risk of application mutual 

exclusivity. The application of this new 

procedure to NCE stations was not 

proposed in the Notice of Proposed Rule 

Making in this proceeding, but the 

Commission found it to be a logical 

outgrowth of a proposal in that 

proceeding based on comments 

received, and accordingly adopted the 

change in the R&O. Thus, the 

Commission proposes to revise FCC 

Form 340 to accommodate NCE 

applicants who seek to change their 

NCE station’s community of license by 

minor modification application. 

Specifically, the Commission revises 

the FCC Form 340 to reflect the 

requirement that NCE applicants 

employing this procedure must include 

an exhibit demonstrating that the 

proposed community of license change 

comports with the fair, efficient and 

equitable distribution of radio service 

policies under Section 307(b) of the 

Communications Act of 1934, as 

amended. NCE applicants proposing a 

change in community of license must 

provide Section 307(b) information 

demonstrating the merits of locating the 

station in the new community, as 

opposed to the current community of 

license. This form, FCC Form 340, is the 

only form being revised by the FCC’s 

action in this information collection. 

FCC Forms 302–TV and 349 remain 

unchanged. 

FCC Form 302–TV is used by 

licensees and permittees of TV 

broadcast stations to obtain a new or 

modified station license and/or to notify 

the Commission of certain changes in 

the licensed facilities of these stations. 

FCC 340 is used to apply for authority 

to construct a new noncommercial 

educational FM or TV station or to make 

changes in the existing facilities of such 

a station. The FCC 340 is to be used if 

the broadcast station will operate on a 

channel that is reserved exclusively for 

noncommercial educational use and on 

non-reserved channels if the applicant 

proposes to build and operate a NCE 

station. 

FCC Form 349 is used to apply for 

authority to construct a new FM 

translator or FM booster broadcast 

station, or to make changes in the 

existing facilities of such stations. This 

form also includes the third party 

disclosure requirement of 47 CFR 

73.3580 (3060–0031). Section 73.3580 

requires local public notice in a 

newspaper of general circulation of all 

application filings for new or major 

change in facilities. This notice must be 

completed within 30 days of the 

tendering of the application. This notice 

must be published at least twice a week 

for two consecutive weeks in a threeweek period. A copy of this notice must 

be placed in the public inspection file 

along with the application. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–723 Filed 1–23–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted to OMB 

for Review and Approval 

January 19, 2007. 

SUMMARY: The Federal Communications 

Commissions, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13. An 

agency may not conduct or sponsor a 

collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Written comments should be 

submitted on or before February 23, 

2007. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: You may submit your 

Paperwork Reduction Act (PRA) 

comments by e-mail or U.S. postal mail. 

To submit your comments by e-mail 

send them to PRA@fcc.gov. To submit 

your comments by U.S. mail, mark them 

to the attention of Cathy Williams, 

Federal Communications Commission, 

Room 1–C823, 445 12th Street, SW., 

Washington, DC 20554 and Allison E. 

Zaleski, Office of Management and 

Budget (OMB), Room 10236 NEOB, 

Washington, DC 20503, (202) 395–6466 

or via the Internet at 

Allison_E._Zaleski@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection(s) send an e-mail 

to PRA@fcc.gov or contact Cathy 

Williams at (202) 418–2918. If you 


pwalker on PROD1PC71 with NOTICES