Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991

Published date01 March 2024
Record Number2024-03957
Citation89 FR 15061
CourtFederal Communications Commission
SectionRules and Regulations
Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
                [Rules and Regulations]
                [Pages 15061-15062]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-03957]
                [[Page 15061]]
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                FEDERAL COMMUNICATIONS COMMISSION
                47 CFR Part 64
                [CG Docket Nos. 02-278, 21-402, FCC 23-21; FR ID 203992]
                Targeting and Eliminating Unlawful Text Messages, Implementation
                of the Telephone Consumer Protection Act of 1991
                AGENCY: Federal Communications Commission.
                ACTION: Final rule and announcement of compliance date.
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                SUMMARY: In this document, the Commission announces that the Office of
                Management and Budget (OMB) has approved the information collection
                associated with the rule adopted in the Text Blocking Report and Order
                requiring mobile wireless providers to block texts purporting to be
                from North American Numbering Plan (NANP) numbers on a reasonable Do-
                Not-Originate (DNO) list which include numbers that purport to be from
                invalid, unallocated, or unused numbers, and NANP numbers for which the
                subscriber to the number has requested that texts purporting to
                originate from that number be blocked. This document is consistent with
                the Text Blocking Report and Order, FCC 23-21, which states the
                Commission will publish a document in the Federal Register announcing a
                compliance date for the rule section and revise the rule accordingly.
                DATES: This final rule is effective September 3, 2024. Compliance with
                47 CFR 64.1200(p), is required as of September 3, 2024.
                FOR FURTHER INFORMATION CONTACT: Mika Savir, Attorney Advisor, Consumer
                Policy Division, Consumer and Governmental Affairs Bureau, at (202)
                418-0384 or [email protected].
                SUPPLEMENTARY INFORMATION: This document announces that OMB approved
                the information collection requirement in 47 CFR 64.1200(p) on February
                12, 2024. The rule was adopted in the Text Blocking Report and Order,
                FCC 23-21, 88 FR 21497, April 11, 2023. 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 Cathy Williams, Federal Communications
                Commission, Room 3-317, 45 L Street NE, Washington, DC 20554, regarding
                OMB Control Number 3060-1322. Please include the applicable OMB Control
                Number in your correspondence. The Commission will also accept your
                comments via email at [email protected].
                 To request materials in accessible formats for people with
                disabilities (Braille, large print, electronic files, audio format),
                send an email to [email protected] or call the Consumer and Governmental
                Affairs Bureau at (202) 418-0530.
                 In addition, this document removes 47 CFR 64.1200(q), which advised
                that compliance with the new rules would not be required until
                64.1200(q) is removed or the Commission announces a compliance date.
                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 February 12, 2024, for the information collection
                requirement contained in 47 CFR 64.1200(p). 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(p) is 3060-1322.
                 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: 3060-1322.
                 OMB Approval Date: February 12, 2024.
                 OMB Expiration Date: February 28, 2027.
                 Title: Targeting and Eliminating Unlawful Text Messages,
                Implementation of the Telephone Consumer Protection Act of 1991.
                 Form Number: N/A.
                 Respondents: Business or other for profit entities, and state,
                local or tribal governments.
                 Number of Respondents and Responses: 2,893 respondents; 34,716
                responses.
                 Estimated Time per Response: 1 hour.
                 Frequency of Response: On occasion reporting requirement.
                 Obligation to Respond: Required to obtain or retain benefits.
                Statutory authority for this information is contained in sections 4(i),
                4(j), 154(i), 154(j), 227, 301, 303, 307, and 316.
                 Total Annual Burden: 34,716 hours.
                 Total Annual Cost: No cost.
                 Needs and Uses: Text message-based scams can include links to well-
                designed phishing websites that appear identical to the website of a
                legitimate company and can fool a victim into providing personal or
                financial information. Texted links can also load unwanted software
                onto a device, including malware that steals passwords, credentials, or
                other personal information. The FCC is therefore requiring all mobile
                wireless providers to block certain text messages that are highly
                likely to be illegal.
                 In the Text Blocking Report and Order, 88 FR 21497, April 11, 2023,
                the FCC is requiring mobile wireless providers to block certain text
                messages that are highly likely to be illegal. The Commission is
                requiring mobile wireless providers to block--at the network level--
                texts purporting to be from NANP numbers on a reasonable DNO list,
                which include numbers that purport to be from invalid, unallocated, or
                unused numbers, and NANP numbers for which the subscriber to the number
                has requested that texts purporting to originate from that number be
                blocked. These are texts that no reasonable consumer would wish to
                receive because they are highly likely to be illegal.
                 The FCC is also ensuring that any erroneous blocking can be quickly
                remedied by requiring mobile wireless providers and other entities to
                maintain a point of contact for texters to report erroneously blocked
                texts.
                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 amends 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, 227b, 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.
                [[Page 15062]]
                Subpart L--Restrictions on Telemarketing, Telephone Solicitation,
                and Facsimile Advertising
                Sec. 64.1200 [Amended]
                0
                2. Amend Sec. 64.1200 by removing and reserving paragraph (q).
                [FR Doc. 2024-03957 Filed 2-29-24; 8:45 am]
                BILLING CODE 6712-01-P
                

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