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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89641-89642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26263]

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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1088; FR ID 260906]

Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: 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; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
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; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees. The FCC may not conduct or sponsor a collection of 
information unless it displays a currently valid Office of Management 
and Budget (OMB) control number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the PRA that does not display a valid OMB control number.

DATES: Written PRA comments should be submitted on or before January 
13, 2025. 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: Direct all PRA comments to Cathy Williams, FCC, via email to 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-1088.
    Title: Rules and Regulations Implementing the Telephone Consumer 
Protection Act (TCPA) of 1991, Report and Order and Third Order on 
Reconsideration, CG Docket No. 05-338, FCC 06-42.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; and Individuals or households.
    Number of Respondents and Responses: 5,341,080 respondents; 
6,050,735 responses.
    Estimated Time per Response: 3 minutes (.05 hours) to 30 minutes 
(.50 hours).
    Frequency of Response: Annual, monthly, and on occasion reporting 
requirements; Recordkeeping requirement; and Third party disclosure 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
authorizing statutes for this information collection are: Telephone 
Consumer Protection Act of 1991, Public Law 102-243. 105 Stat. 2394 
(1991); Junk Fax Prevention Act, Public Law 109-21, 119 Stat. 359 
(2005).
    Total Annual Burden: 3,670,540 hours.
    Total Annual Cost: $1,062,142.
    Needs and Uses: On April 5, 2006, the Commission adopted a Report 
and Order and Third Order on Reconsideration, In the Matter of Rules 
and Regulations Implementing the Telephone Consumer Protection Act of 
1991; Junk Fax Prevention Act of 2005, CG Docket Nos. 02-278 and 05-
338, FCC 06-42, which modified the Commission's facsimile advertising 
rules to implement the Junk Fax Prevention Act. The Report and Order 
and Third Order on Reconsideration contained information collection 
requirements pertaining to: (1) Opt-out Notice and Do-Not-Fax Requests 
Recordkeeping in which the rules require senders of unsolicited 
facsimile advertisements to include a notice on the first page of the 
facsimile that

[[Page 89642]]

informs the recipient of the ability and 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.
    On October 14, 2008, the Commission released an Order on 
Reconsideration, FCC 08-239, addressing certain issues raised in 
petitions for reconsideration and/or clarification filed in response to 
the Commission's Report and Order and Third Order on Reconsideration 
(Junk Fax Order), FCC 06-42. In document FCC 08-239, the Commission 
clarified that: (1) Facsimile numbers compiled by third parties on 
behalf of the facsimile sender will be presumed to have been made 
voluntarily available for public distribution so long as they are 
obtained from the intended recipient's own directory, advertisement, or 
internet site; (2) Reasonable steps to verify that a recipient has 
agreed to make available a facsimile number for public distribution may 
include methods other than direct contact with the recipient; and (3) a 
description of the facsimile sender's opt-out mechanism on the first 
web page to which recipients are directed in the opt-out notice 
satisfies the requirement that such a description appear on the first 
page of the website.
    The Commission believes these clarifications will assist senders of 
facsimile advertisements in complying with the Commission's rules in a 
manner that minimizes regulatory compliance costs while maintaining the 
protections afforded consumers under the Telephone Consumer Protection 
Act (TCPA).

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-26263 Filed 11-12-24; 8:45 am]
BILLING CODE 6712-01-P
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