[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87982-87983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24908]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 02-278, 21-402, 17-59, FCC 23-107, FR ID 254728]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget (OMB) 
has approved the information collection associated with the rule 
adopted in the Second Text Blocking Report and Order requiring that 
texters and callers obtain a consumer's prior express written consent 
to robocall or robotext the consumer soliciting their business. The 
Commission requires that such consent apply to a single seller at a 
time. The Commission also requires that the consent must be in response 
to a clear and conspicuous disclosure to the consumer and that the 
content of the robotexts and robocalls be logically and topically 
associated with the website where the consumer gave consent. Compliance 
with the rule section, is required 12 months after publication in the 
Federal Register or 30 days after notice that the Office of Management 
and Budget has completed review of any information collection 
requirements that the Consumer and Governmental Affairs Bureau 
determines is required un the Paperwork Reduction Act, whichever is 
later. This document is consistent with the Second Text Blocking Report 
and Order, which states the Commission will publish a document in the 
Federal Register announcing a compliance date for the rule section.

DATES: 
    Effective date: November 6, 2024
    Compliance date: Compliance with 47 CFR 64.1200(f)(9) is required 
as of January 27, 2025.

FOR FURTHER INFORMATION CONTACT: Mika Savir, Attorney Advisor, Consumer 
Policy Division, Consumer and Governmental Affairs Bureau, at (202) 
418-0384 or <a href="/cdn-cgi/l/email-protection#d9b4b0b2b8f7aab8afb0ab99bfbabaf7beb6af"><span class="__cf_email__" data-cfemail="9bf6f2f0fab5e8faedf2e9dbfdf8f8b5fcf4ed">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This document announces that OMB approved 
the information collection requirement in 47 CFR 64.1200(f)(9) on 
September 26, 2024. The rule was adopted in the Second Text Blocking 
Report and Order, FCC 23-107, 89 FR 5098, January 26, 2024. The rule's 
effective date, accordingly, is January 27, 2025, which is 12 months 
after the rule was published in the Federal Register. The Commission 
publishes this document in the Federal Register as an announcement of 
the compliance date of the rule. If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 3-317, 45 L Street 
NE, Washington, DC 20554, regarding OMB Control Number 3060-0519. 
Please include the applicable OMB Control Number in your 
correspondence. The Commission will also accept your comments via email 
at <a href="/cdn-cgi/l/email-protection#31616370715752521f565e47"><span class="__cf_email__" data-cfemail="277775666741444409404851">[email protected]</span></a>. To request materials in accessible formats for people 
with disabilities (Braille, large print, electronic files, audio 
format), send an email to <a href="/cdn-cgi/l/email-protection#e4828787d1d4d0a4828787ca838b92"><span class="__cf_email__" data-cfemail="375154540207037751545419505841">[email protected]</span></a> or call the Consumer and 
Governmental Affairs Bureau at (202) 418-0530.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on September 26, 2024, for the information collection 
requirement contained in 47 CFR 64.1200(f)(9). Under 5 CFR part 1320, 
an agency may not conduct or sponsor a collection of information unless 
it displays a current, valid OMB 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 that does not 
display a current, valid OMB Control Number. The OMB Control Number for 
the information collection requirement in 47 CFR 64.1200(f)(9) is 3060-
0519. The foregoing notice is required by the Paperwork Reduction Act 
of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0519.
    OMB Approval Date: September 26, 2024.
    OMB Expiration Date: September 30, 2027.
    Title: Targeting and Eliminating Unlawful Text Messages, 
Implementation of the Telephone Consumer Protection Act of 1991, 
Advanced Methods to Target and Eliminate Unlawful Robocalls.
    Form Number: N/A.
    Respondents: 6,000.
    Number of Respondents and Responses: 6,000 respondents x 1 response 
= 6,000 responses.
    Estimated Time per Response: 8 hours per response.
    Frequency of Response: Annual.
    Obligation to Respond: Sellers who are required to comply with the 
prior express written consent requirements of the TCPA, and who are not 
currently obtaining one-to-one consent for telemarketing robocalls/
robotexts will need to comply with the revised rule. Sellers who are 
already obtaining one-to-one consent for such calls/texts or who are 
not required to comply with TCPA prior express written consent 
requirements will not have to make any changes to comply with the new 
rule.
    Total Annual Burden: 6,000 respondents x 1 response x 8 hours/
response = 48,000 hours.
    Total Annual Cost: 6,000 responses x 8 hours/response x $89.04 per 
hour = $4,273,920.
    Annual ``In-House'' Cost: The Commission assumes that respondents 
use ``in-house'' personnel to update websites to ensure compliance. The 
national average wage for a web and digital interface designer, 
including benefits, is comparable to a federal employee GS-15/5. Thus, 
the Commission estimates respondents cost to be about $89.04 per hour 
to comply with the requirement.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: To better protect consumers from unwanted and 
illegal calls and texts, the Commission adopted a rule to make it 
unequivocally clear that texters and callers must obtain a consumer's 
prior express written consent to robocall or robotext the consumer 
soliciting their business, from one seller at a time. This new rule 
prohibits abuse of consumer consent by comparison shopping and other 
websites. In addition to the one-to-one consent requirement, the 
Commission also requires that the consent must be in response to a 
clear and conspicuous disclosure to the consumer and that the content 
of the robotexts and robocalls must be logically and topically 
associated with the website where the consumer gave consent. The TCPA 
and the Commission's existing rules already place the burden of proof 
on the texter or caller to prove that they have obtained consent that 
satisfies federal laws and regulations. This new information collection 
does not change that obligation but may require website operators, 
including lead generators and

[[Page 87983]]

comparison shopping sites, to modify their sites to ensure that one-to-
one consent is properly collected. The rule only applies to callers 
that are required to obtain prior express written consent from 
consumers under the TCPA. Some respondents may already be obtaining 
one-to-one consent from consumers and would not incur any 
implementation burdens. Other respondents may not need to obtain TCPA 
prior express written consent.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amend 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 
222, 225, 226, 227, 227(b), 228, 251(a), 251(e), 254(k), 255, 262, 
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise 
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.

Subpart L--Restrictions on Telemarketing, Telephone Solicitation, 
and Facsimile Advertising

0
2. Amend Sec.  64.1200 by revising paragraph (f)(9) to read as follows:


Sec.  64.1200   Delivery Restrictions.

    (f) * * *
    (9) The term prior express written consent means an agreement, in 
writing, that bears the signature of the person called or texted that 
clearly and conspicuously authorizes no more than one identified seller 
to deliver or cause to be delivered to the person called or texted 
advertisements or telemarketing messages using an automatic telephone 
dialing system or an artificial or prerecorded voice. Calls and texts 
must be logically and topically associated with the interaction that 
prompted the consent and the agreement must identify the telephone 
number to which the signatory authorizes such advertisements or 
telemarketing messages to be delivered.

(i) The written agreement shall include a clear and conspicuous 
disclosure informing the person signing that:

    (A) By executing the agreement, such person authorizes the seller 
to deliver or cause to be delivered to the signatory telemarketing 
calls or texts using an automatic telephone dialing system or an 
artificial or prerecorded voice; and
    (B) The person is not required to sign the agreement (directly or 
indirectly), or agree to enter into such an agreement as a condition of 
purchasing any property, goods, or services. The term ``signature'' 
shall include an electronic or digital form of signature, to the extent 
that such form of signature is recognized as a valid signature under 
applicable federal law or state contract law.

(ii) [Reserved]

* * * * *
[FR Doc. 2024-24908 Filed 11-5-24; 8:45 am]
BILLING CODE 6712-01-P


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