[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12453-12454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04648]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1088; FR ID 74384]


Information Collection Being Submitted for Review and Approval to 
Office of Management and Budget

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, 
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal 
Communications Commission (FCC or the Commission) invites the general 
public and other Federal Agencies to take this opportunity to comment 
on the following information collection. Pursuant to the Small Business 
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it 
can further reduce the information collection burden for small business 
concerns with fewer than 25 employees.

DATES: Written comments and recommendations for the proposed 
information collection should be submitted on or before April 4, 2022.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be considered. In 
addition to submitting in www.reginfo.gov also send a copy of your 
comment on the proposed information collection to Cathy Williams, FCC, 
via email to <a href="/cdn-cgi/l/email-protection#39696b78795f5a5a175e564f"><span class="__cf_email__" data-cfemail="64343625240207074a030b12">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#4d0e2c392534631a242121242c203e0d2b2e2e632a223b"><span class="__cf_email__" data-cfemail="f0b391849889dea7999c9c99919d83b0969393de979f86">[email protected]</span></a>. Include in the 
comments the OMB control number as shown in the SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called 
``Currently Under Review,'' (3) click on the downward-pointing arrow in 
the ``Select Agency'' box below the ``Currently Under Review'' heading, 
(4) select ``Federal Communications Commission'' from the list of 
agencies presented in the ``Select Agency'' box, (5) click the 
``Submit'' button to the right of the ``Select Agency'' box, (6) when 
the list of FCC ICRs currently under review appears, look for the Title 
of this ICR and then click on the ICR Reference Number. A copy of the 
FCC submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION: The Commission 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.
    As part of its continuing effort to reduce paperwork burdens, as 
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to 
take this opportunity to comment on the following information 
collection. 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 estimates; (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. Pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks 
specific comment on how it might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    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: 5,340,000 respondents; 
6,050,905 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; and Third party disclosure.

[[Page 12454]]

    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: 3,670,625 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 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. 2022-04648 Filed 3-3-22; 8:45 am]
BILLING CODE 6712-01-P


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