[Federal Register: October 28, 2004 (Volume 69, Number 208)]
[Rules and Regulations]
[Page 62816-62817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc04-9]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278, FCC 04-223]
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule; delay of effective date.
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SUMMARY: In this document, the Commission extends through June 30,
2005, the effective date of the Commission's determination that an
established business relationship will no longer be sufficient to show
that an individual or business has given express permission to receive
unsolicited facsimile advertisements and the rule requiring that the
sender of a facsimile advertisement first obtain the recipient's
express permission in writing.
DATES: The effective date of the rule amending 47 CFR part 64, Sec.
64.1200(a)(3)(i) published at 68 FR 44144, July 25, 2003, is delayed
until July 1, 2005.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Erica H. McMahon at 202-418-2512,
Consumer & Governmental Affairs Bureau, Federal Communications
Commission.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in CG Docket No. 02-278, FCC 04-223, adopted on September 15, 2004 and
released on October 1, 2004. The full text of this document is
available at the Commission's Web site http://www.fcc.gov on the
Electronic Comment Filing System and for public inspection and copying
during regular business hours in the FCC Reference Information Center,
Room CY-A257, 445 12th Street, SW., Washington, DC 20554. The complete
text of the decision may be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc. (BCPA), Portals II, 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. Customers may contact
BCPI, Inc., at its Web site: http://www.bcpiweb.com or call 1-800-378-
3160. To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). The
Order can also be downloaded in Word and Portable Document Format (PDF)
at http://www.fcc.gov/cgb.
Synopsis
On July 3, 2003, the Commission revised the unsolicited facsimile
advertising requirements under the Telephone Consumer Protection Act of
1991 (TCPA). On August 18, 2003, the Commission issued an Order on
Reconsideration (68 FR 50978, August 25, 2003) that established an
effective date of January 1, 2005. We now extend, through June 30,
2005, the effective date of the determination that an established
business relationship will no longer be sufficient to show that an
individual or business has given express permission to receive
unsolicited facsimile advertisements, as well as the amended
unsolicited facsimile provisions at 47 CFR 64.1200(a)(3)(i). Section
64.1200(a)(3)(i), as amended, requires the sender of a facsimile
advertisement to first obtain from the recipient a signed, written
statement that includes the facsimile number to which any
advertisements may be sent and clearly indicates the recipient's
consent to receive such facsimile advertisements from the sender. In
light of recent action by the United States House of Representatives to
amend the TCPA and similar proposed legislation in the United States
Senate, we believe the public interest would best be served by delaying
the effective date of the written consent requirement for six months to
allow Congress to act. Should Congress not act in this regard, a
further extension will provide the Commission requisite time to address
the petitions for reconsideration filed on these issues. For these same
reasons, through June 30, 2005, the 18-month limitation on the duration
of the established business relationship based on purchases and
transactions and the three-month limitation on applications and
inquiries will not apply to the transmission of facsimile
advertisements.
We emphasize that our existing TCPA rules prohibiting the
transmission of unsolicited advertisements to a telephone facsimile
machine will remain in effect during the pendency of this extension.
Under these rules, those transmitting facsimile advertisements must
have an established business relationship or prior express permission
from the facsimile recipient to comply with our rules.
Ordering Clauses
Pursuant to sections 1-4, 227, and 303(r) of the Communications Act
of 1934, as amended, 47 U.S.C. 151-154,
[[Page 62817]]
227, and 303(r), the Order in CG Docket No. 02-278 is adopted and that
the Report and Order, FCC 03-153, is modified as set forth herein.
The Fax Ban Coalition's Petition for Extension of Delay is granted
to the extent discussed herein.
The effective date for the Commission's determination that an
established business relationship will no longer be sufficient to show
that an individual or business has given their express permission to
receive unsolicited facsimile advertisements and the requirement that
the sender of a facsimile advertisement first obtain the recipient's
express permission in writing, as codified at 47 CFR 64.1200(a)(3)(i),
is July 1, 2005, and that the Order is effective October 28, 2004.
The Commission will not send a copy of the Order pursuant to
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the adopted
rules are rules of particular applicability.
List of Subjects in 47 CFR Part 64
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-24125 Filed 10-27-04; 8:45 am]
BILLING CODE 6712-01-P