Notices. Notice and request for comments

1,420 words·~6 min read·/register/2019/02/07/2019-01498

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BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1084 and OMB 3060-1088] Information Collections Being Reviewed by the Federal Communications Commission AGENCY: Federal Communications Commission. ACTION: Notice and request for comments. SUMMARY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act

(PRA)of 1995, 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 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 April 8, 2019. 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 *PRA@fcc.gov* and to *Cathy.Williams@fcc.gov.* FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-1084. *Title:* Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers (CARE). *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit entities. *Number of Respondents and Responses:* 2,989 respondents; 665,248 responses. *Estimated Time per Response:* 1 minute (.017 hours) to 20 minutes (.33 hours). *Frequency of Response:* Recordkeeping and annual reporting requirement. *Obligation to Respond:* Required to obtain or retain benefits. The statutory authority for these information requirements are found in sections 1-4, 201, 202, 222, 258, and 303(r) of the Communications Act of 1934, as amended; 47 U.S.C. 151-154, 201, 202, 222, 258, and 303(r). *Total Annual Burden:* 54,900 hours. *Total Annual Cost:* None. *Nature and Extent of Confidentiality:* Confidentiality is not an issue as individuals and/or households are not required to provide personally identifiable information. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* In the 2005 Report and Order and Further Notice of Proposed Rulemaking, In the Matter of Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers ( *2005 Report and Order* ), CG Docket No. 02-386, FCC 05-29, which was released on February 25, 2005, the Commission adopted rules governing the exchange of customer account information between local exchange carriers

(LECs)and interexchange carriers (IXCs). The Commission concluded that mandatory, minimum standards are needed in light of record evidence demonstrating that information needed by carriers to execute customer requests and properly bill customers is not being consistently provided by all LECs and IXCs. Specifically, the 2005 Report and Order requires LECs to supply customer account information to IXCs when:

(1)The LEC places an end user on, or removes an end user from, an IXC's network;

(2)an end user presubscribed to an IXC makes certain changes to her account information via her LEC;

(3)an IXC requests billing name and address information for an end user who has usage on an IXC's network but for whom the IXC does not have an existing account; and

(4)a LEC rejects an IXC-initiated PIC order. The *2005 Report and Order* required IXCs to notify LECs when an IXC customer informs an IXC directly of the customer's desire to change IXCs. In the accompanying Further Notice of Proposed Rulemaking, the Commission sought comment on whether to require the exchange of customer account information between LECs. In December 2007, the Commission declined to adopt mandatory LEC-to-LEC data exchange requirements. *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; 6,051,545 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. *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:* 3,670,945 hours. *Total Annual Cost:* $1,051,042.00. *Nature and Extent of Confidentiality:* Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's updated system of records notice (SORN), FCC/CGB-1, “Informal Complaints, Inquiries and Requests for Dispute Assistance”, which became effective on September 24, 2014. *Privacy Impact Assessment:* The Privacy Impact Assessment

(PIA)for Informal Complaints and Inquiries was completed on June 28, 2007. It may be reviewed at *http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.* The Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN. *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. Katura Jackson, Federal Register Liaison Officer Office of the Secretary. [FR Doc. 2019-01498 Filed 2-6-19; 8:45 am]

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47 USC 151-154
Pub. L. 102-243
105 Stat. 2394
Pub. L. 109-21
119 Stat. 359

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Notices

Notice and request for comments

Cite47 USC 151-154

Pub. L.Pub. L. 102-243

Stat.105 Stat. 2394

Pub. L.Pub. L. 109-21

Stat.119 Stat. 359

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