04-13325. Notice of Public Information Collection(s) Being Submitted to OMB for Review and Approval

May 28, 2004.

SUMMARY:

The Federal Communications Commissions, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid 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 (PRA) that does not display a valid control number. 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 estimate; (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.

DATES:

Written comments should be submitted on or before July 14, 2004. 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 comments to Les Smith, Federal Communications Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to [e-mail] or Kristy L. LaLonde, Office of Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, [phone] or via the Internet at [e-mail].

FOR FURTHER INFORMATION CONTACT:

For additional information or copy of the information collection(s) contact Les Smith at [phone] or via the Internet at [e-mail].

SUPPLEMENTARY INFORMATION:

OMB Control Number: 3060-0439.

Title: Regulations Concerning Indecent Communications by Telephone.

Form Number: N/A.

Type of Review: Revision of a currently approved collection.

Respondents: Business or other for-profit entities; Individuals or households.

Number of Respondents: 10,200.

Estimated Time per Response: 0.13 hrs (8 mins.) (avg.)

Frequency of Response: On occasion reporting requirements; Third party disclosure.

Total Annual Burden: 1,632 hours.

Total Annual Cost: None.

Privacy Impact Assessment: Yes.

Needs and Uses: Under Section 223 of the Communications Act of 1932, as amended, telephone companies are required, to the extent technically feasible, to prohibit access to indecent communications from the telephone of a subscriber who has not previously requested access. 47 CFR Section 64.201 implements Section 223 and contains several information collection requirements: (1) A requirement that certain common carriers block access to indecent messages unless the subscriber seeks access from the common carrier (telephone company) in writing; (2) A requirement that adult message service providers notify their carriers of the nature of their programming; and (3) A requirement that a provider of adult message services request that their carrier identify it as such in bills to its subscribers. The information requirements are imposed on carriers, adult message service providers, and those who solicit their services to ensure that minors are denied access to material deemed indecent.

This information collection affects “individuals or household,” and the Commission has prepared a Privacy Impact Assessment as required by OMB Memorandum M-03-22. The categories of records, purpose(s), routine uses, safeguards, and disposal of the information are governed by the Commission's system of records, FCC/CIB-1, “Informal Complaints and Inquiries,” (66 FR 51955).

Federal Communications Commission.

Marlene H. Dortch,

Secretary.