[Federal Register: April 3, 2003 (Volume 68, Number 64)]
[Proposed Rules]
[Page 16250-16252]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap03-30]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278, FCC 03-62]
Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991
AGENCY: Federal Communications Commission.
ACTION: Further notice of proposed rulemaking.
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SUMMARY: In this document, the Commission seeks comment on The Do-Not-
Call Implementation Act (Do-Not-Call Act), which requires the Federal
Communications Commission (FCC or Commission) to issue final rules in
the Telephone Consumer Protection Act (TCPA) proceeding within 180
days, to maximize consistency with the Federal Trade Commission's (FTC)
rules, and to issue reports to Congress within 45 days of the
promulgation of final rules, and annually thereafter.
DATES: Comments are due May 5, 2003 and reply comments are due May 19,
2003.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Room
TW-A325, Washington, DC 20554. See supplementary information for
further filing instructions.
FOR FURTHER INFORMATION CONTACT: Erica H. McMahon or Richard D. Smith,
Policy Division, Consumer & Governmental Affairs Bureau, (202) 418-
2512.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM) in CG Docket No. 02-278,
FCC 03-62, released March 25, 2003. The full text of this document is
available on the Commission's Electronic Comment Filing System at
http://www.fcc.gov/e-file/ecfs.html, and for public inspection during
regular business hours in the FCC Reference Center, Room CY-A257, 445
12th Street, SW., Washington, DC 20554.
Synopsis of Further Notice of Proposed Rulemaking
1. On March 11, 2003, the Do-Not-Call Act was signed into law
requiring the Commission to issue a final rule in the above-captioned
proceeding within 180 days of March 11, 2003, and to consult with the
FTC to maximize consistency with the rule promulgated by the FTC in
2002. The Do-Not-Call Act also requires the Commission to issue reports
to Congress within 45 days after the promulgation of final rules in
this proceeding, and annually thereafter. In this FNPRM, we seek
comment on these requirements.
2. On December 20, 1991, Congress enacted the Telephone Consumer
Protection Act of 1991 (TCPA) in an effort to address a growing number
of telephone marketing calls and certain telemarketing practices
thought to be an invasion of consumer privacy and even a risk to public
safety. The statute restricts the use of automatic telephone dialing
systems, artificial and prerecorded messages, and telephone facsimile
machines to send unsolicited advertisements. The TCPA specifically
authorizes the Commission to ``require the establishment and operation
of a single national database to compile a list of telephone numbers of
residential subscribers who object to receiving telephone
solicitations.'' In 1992, the Commission adopted rules implementing the
TCPA but declined to create a national database of telephone
subscribers who do not wish to receive calls from telemarketers. The
Commission opted instead to implement an alternative scheme--one
involving company-specific do-not-call lists. In 1995 and 1997, the
Commission released orders (60 FR 42068, August 15, 1995; 62 FR 19686,
April 23, 1997) addressing petitions for reconsideration of the TCPA
Order (57 FR 48333, October 23, 1992).
3. On September 18, 2002, the Commission released a Notice of
Proposed Rulemaking (NPRM) and Memorandum Opinion and Order (67 FR
62667, October 8, 2002) seeking comment on whether the Commission's
rules need to be revised in order to carry out more effectively
Congress's directives in the TCPA. Specifically, we sought comment on
whether to revise or clarify our rules governing unwanted telephone
solicitations and the use of automatic telephone dialing systems,
prerecorded or artificial voice messages, and telephone facsimile
machines. We also sought comment on the effectiveness of company-
specific do-not-call lists. In addition, we sought comment on whether
to revisit the option of establishing a national do-not-call list and,
if so, how such action might be taken in conjunction with the FTC's
proposal to adopt a national do-not-call list and with various state
do-not-call lists. In considering ways in which we might improve our
TCPA rules, our goal is to enhance consumer privacy protections while
avoiding imposing unnecessary burdens on the telemarketing industry,
consumers, and regulators. Lastly, we sought comment on the effect
proposed policies and rules would have on small business entities,
[[Page 16251]]
including inter alia those who engage in telemarketing activities and
those who rely on telemarketing as a method to solicit new business.
4. On December 18, 2002, the FTC released an order establishing a
national do-not-call registry and making other changes to its
Telemarketing Sales Rule (68 FR 4580, January 29, 2003). Congress
approved funding for the FTC's do-not-call registry as part of the 2003
omnibus budget. Furthermore, the FTC has announced that it will begin
to take registrations for a do-not-call registry on July 1, 2003, and
that the registry will go into effect on October 1, 2003.
5. In the Do-Not-Call Act, Congress requires this Commission to
issue final rules in the above-captioned proceeding by September 7,
2003. The Do-Not-Call Act provides that the FCC shall consult and
coordinate with the FTC to maximize consistency with the rule
promulgated by the FTC. Congress also requires the Commission to
transmit a report on regulatory coordination to the House Committee on
Energy and Commerce and the Senate Committee on Commerce, Science, and
Transportation. The Commission is required to provide:
(1) An analysis of the telemarketing rules promulgated by both the
Federal Trade Commission and the Federal Communications Commission;
(2) An analysis of any inconsistencies between the rules
promulgated by each Commission and the effect of any such
inconsistencies on consumers, and persons paying for access to the
registry; and
(3) Proposals to remedy any such inconsistencies.
The Do-Not-Call Act also requires the Commission to file an annual
report to the House Committee on Energy and Commerce and the Senate
Committee on Commerce, Science and Transportation, which includes:
(1) An analysis of the effectiveness of the ``do-not-call''
registry as a national registry;
(2) The number of consumers who have placed their telephone numbers
on the registry;
(3) The number of persons paying fees for access to the registry
and the amount of such fees;
(4) An analysis of the progress of coordinating the operation and
enforcement of the ``do-not-call'' registry with similar registries
established and maintained by the various States;
(5) An analysis of the progress of coordinating the operation of
the ``do-not-call'' registry with the enforcement activities of the
Commission pursuant to the TCPA; and
(6) A review of the enforcement proceedings by the Commission under
the TCPA.
6. As stated above, the Do-Not-Call Act requires the FCC, in the
course of the above-captioned proceeding, to ``maximize consistency''
with the FTC's recent amendments to its Telemarketing Sales Rule. We
seek comment on how the FCC can maximize consistency with the FTC's
rules. We encourage commenters to review the rules promulgated by the
FTC and to comment on how the FCC should consider amending its rules,
given the new statutory directive. We seek comment on how the goals and
principles identified in the Do-Not-Call Act should affect our
implementation of the Act and how to harmonize the requirements of the
Do-Not-Call Act with our statutory mandate in the TCPA. We also seek
comment on how the FCC can best fulfill the reporting requirements
contained in the statute. On December 20, 2002, the Consumer &
Governmental Affairs Bureau issued a Public Notice (67 FR 78763,
December 26, 2002) extending the reply comment period in the TCPA
proceeding until January 31, 2003, to ensure that all interested
parties had ample opportunity to comment on possible Commission action
in light of the FTC's new rules. Parties are advised not to reiterate
comments previously filed in this proceeding because any previously
filed comments will be duly considered.
Procedural Issues
A. Ex Parte Presentations
7. This is a non-restricted notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided that presentations are disclosed as
provided in the Commission's rules.
B. Filing of Comments and Reply Comments
8. We invite comment on the issues and questions set forth above.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments on or before May
5, 2003, and reply comments on or before May 19, 2003. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS) or
by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings (63 FR 24121, May 1, 1998).
9. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions for
e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and
should include the following words in the body of the message, ``get
form.'' A sample form and directions will be sent in reply. Parties who
choose to file by paper must file an original and four copies of each
filing. If more than one docket or rulemaking number appears in the
caption of this proceeding, commenters must submit two additional
copies for each additional docket or rulemaking number. Filings can be
sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail (although we
continue to experience delays in receiving U.S. Postal Service mail).
The Commission's contractor, Vistronix, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail,
and Priority Mail should be addressed to 445 12th Street, SW.,
Washington, DC 20554. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
Parties also should send four (4) paper copies of their filings to
Kelli Farmer, Federal Communications Commission, Room 4-C740, 445 12th
Street, SW., Washington, DC 20554.
10. Accessible formats (computer diskettes, large print, audio
recording and Braille) are available to persons with disabilities by
contacting Brian Millin of the Consumer & Governmental Affairs Bureau,
at (202) 418-7426, TTY (202) 418-7365, or at bmillin@fcc.gov.
[[Page 16252]]
Ordering Clauses
11. The Further Notice of Proposed Rulemaking is adopted.
List of Subjects in 47 CFR Part 64
Telephone.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 03-8077 Filed 4-2-03; 8:45 am]
BILLING CODE 6712-01-P