[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Proposed Rules]
[Page 71126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-22]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278; DA 02-3210]
Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: On September 18, 2002, the Commission released a document (67
FR 62667, Oct. 8, 2002) seeking comment on whether it should change its
rules restricting telemarketing calls and facsimile advertisements.
This document grants, in part, and denies, in part, the motion of the
American Teleservices Association (ATA) to extend the time to file
comments in our TCPA proceeding in CG Docket No. 02-278.
DATES: Comments are due in this proceeding on December 9, 2002, and
reply comments are due January 8, 2003.
ADDRESSES: Parties who choose to file comments by paper must file an
original and four copies with the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW., Room TW-A325, Washington, DC 20554. Comments may also
be filed using the Commission's Electronic Filing System, which can be
accessed via the Internet at http://www.fcc.gov/e-file/ecfs.html.
FOR FURTHER INFORMATION CONTACT: Erica H. McMahon or Richard D. Smith,
Consumer & Governmental Affairs Bureau, (202) 418-2512.
SUPPLEMENTARY INFORMATION: On November 13, 2002, the American
Teleservices Association (ATA) filed a motion for extension of time to
file comments in CG Docket No. 02-278. It is not Commission policy to
routinely grant extensions of time. However, we find that a brief
extension of time to file comments in this proceeding is in the public
interest. We therefore grant, in part, and deny, in part, ATA's request
to extend the comment period in this proceeding. In so doing, we note
that many parties seeking to file comments in this proceeding are
consumers who may lack familiarity with the Commission's process for
filing comments. We believe an extension of time will help to ensure
that these parties have ample opportunity to participate. In addition,
because the Consumer & Governmental Affairs Bureau (Bureau) responded
to ATA's FOIA request on November 14, 2002 by giving ATA 250 redacted
complaints, the additional time will afford ATA ample opportunity to
review those complaints. Finally, we extend the reply comment period to
30 days following the comment deadline to allow parties a sufficient
opportunity to respond to the large number of comments already filed in
this proceeding. As of November 19, 2002, over 4,100 comments have been
filed in response to the Notice of Proposed Rulemaking (Notice).
We decline, however, to extend the comment period to the full
extent requested by ATA. We do not believe that it would be in the
public interest to delay this entire proceeding by several months based
on the rationale provided in ATA's motion. In particular, we disagree
with ATA's contention that ATA must obtain the approximately 11,000
TCPA-related complaints and 1,500 inquiries filed from 2000-2001 prior
to commenting on the issues presented in the Notice. The Notice
presents, in detail, the specific issues and rules that are under
consideration for review in this proceeding. We believe this
information allows parties a full and complete opportunity to respond
to these issues. In addition, as noted above, the Commission has
provided 250 such complaints to ATA in response to its FOIA request.
ATA will have an opportunity to analyze those complaints prior to
submitting its comments. The Commission intends to work diligently to
provide a complete response to ATA's FOIA request. To the extent
necessary, ATA will have additional opportunities to supplement its
comments through ex parte filings.
List of Subjects in 47 CFR Part 64
Telephone.
Federal Communications Commission.
Margaret M. Egler,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 02-30252 Filed 11-27-02; 8:45 am]
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