87982 Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 

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. 

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 mika.savir@fcc.gov. 

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 PRA@fcc.gov. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov 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 × 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 oneto-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 × 1 response × 8 hours/ 

response = 48,000 hours. 

Total Annual Cost: 6,000 responses × 

8 hours/response × $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 


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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations 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 

■ 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 

■ 2. Amend § 64.1200 by revising 

paragraph (f)(9) to read as follows: 

§ 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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 23–203; FCC 24–29; FR ID 

257860] 

All-In Pricing for Cable and Satellite 

Television Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

compliance date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) announces that 

the Office of Management and Budget 

(OMB) has approved, for a period of 

three years, an information collection 

associated with implementing the ‘‘allin’’ rule, Truth in billing and 

advertising, adopted by the Commission 

on March 14, 2024, in the All-In Pricing 

for Cable and Satellite Television Report 

and Order (R&O), requiring cable 

operators and direct broadcast satellite 

(DBS) providers to specify the ‘‘all-in’’ 

price for video programming in their 

promotional materials that include 

pricing information and on subscribers’ 

bills. This document is consistent with 

the R&O, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

compliance date of the ‘‘all-in’’ rule and 

revise the rule accordingly. 

DATES: 

Effective date: The amendment in this 

rule is effective November 6, 2024. 

Compliance dates: The compliance 

date for 47 CFR 76.310, published on 

April 19, 2024, at 89 FR 28660, and 

effective April 19, 2024, is December 19, 

2024, except that for cable operators 

with annual receipts of $47 million or 

less, compliance is not required until 

March 19, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Price of the Policy Division, 

Media Bureau, (202) 418–1423, or by 

email to Joseph.Price@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that OMB 

approved the information collection 

requirements in 47 CFR 76.310 on 

September 23, 2024. 

The Commission publishes this 

document as an announcement of the 

compliance date of the rules. 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 Nicole Ongele, Federal 

Communications Commission, 45 L 

Street NE, Washington, DC 20554, 

regarding OMB Control Number 3060– 

1328. Please include the applicable 

OMB Control Number in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

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 23, 2024, for the information 

collection requirements contained in 47 

CFR 76.310. 

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 foregoing notification 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: 3060–1330. 

OMB Approval Date: September 23, 

2024. 

OMB Expiration Date: September 30, 

2027. 


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