[Federal Register: December 19, 2005 (Volume 70, Number 242)]
[Rules and Regulations]
[Page 75070-75071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de05-16]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278; CG Docket No. 05-338; FCC 05-206]
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission released an Order delaying until January 9,
2006, the effective date of the Commission's rule requiring the sender
of a facsimile advertisement to obtain the recipient's express
permission in writing. The Junk Fax Prevention Act of 2005 was
subsequently signed into law amending section 227 of the Communications
Act of 1934 relating to unsolicited facsimile advertisements and
requiring this Commission to issue regulations to implement the
statute. Therefore, this document extends the stay of the Commission's
existing facsimile advertising rules, until the conclusion of the
Commission's rulemaking.
DATES: The effective date of Sec. 64.1200(a)(3)(i), published at 68 FR
44144, July 25, 2003, is delayed until further notice published in the
Federal Register.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Erica McMahon or Richard Smith,
Consumer & Governmental Affairs Bureau, (202) 418-2512.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
CG Docket Nos. 02-278 and 05-338, FCC-05-206, adopted and released
December 9, 2005. The Order further delays the effective date of a rule
initially adopted in Rules and Regulations Implementing the Telephone
Consumer Protection Act of 1991, Report and Order, (2003 TCPA Order),
CG Docket No. 02-278, FCC 03-153, released July 3, 2003; published at
68 FR 44144, July 25, 2003. In association with this Order, the
Commission released a NPRM, FCC 05-206, adopted and released December
9, 2005, that proposes amendments to its unsolicited facsimile
advertising rules and seeks comment on related aspects of those rules.
The NPRM also opens a new docket--CG Docket No. 05-338--for all filings
in response to this document and those addressing the facsimile
advertising rules generally.
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, it does not contain new or
modified ``information collection burdens for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4). Copies of any subsequently filed documents in this matter
will be available for public inspection and copying during regular
business hours at the FCC Reference Information Center, Portals II,
Room CY-A257, 445 12th Street, SW., Washington, DC 20054. The complete
text of this decision may be purchased from the Commission's
duplicating contractor at Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554. Customers may contact the Commission's
contractor at their 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/policy
.
Synopsis
On June 27, 2005, the Commission released an order, CG Docket No.
02-278, published at 70 FR 37705, delaying until January 9, 2006, the
effective date of the Commission's determination that an established
business relationship (EBR) will no longer be sufficient to show that
an individual or business has given its permission to receive
unsolicited facsimile advertisements. Consistent with the Junk Fax
Prevention Act of 2005, the Commission extends the stay of the
Commission's existing facsimile advertising rules until the conclusion
of this rulemaking. Specifically, the Commission delays until the
conclusion of this rulemaking, the effective date of: (1) The
Commission's prior determination that an EBR will no longer be
sufficient to show that an individual or business has given prior
express permission to receive an unsolicited facsimile advertisement;
(2) Sec. 64.1200(a)(3)(i) of the Commission's rules, which requires a
person or entity sending a facsimile advertisement to obtain a prior
signed, written statement as evidence of a facsimile recipient's
permission to receive the advertisement; and (3) the rule establishing
the duration of an EBR as applied to the sending of unsolicited
facsimile advertisements.
Regulatory Flexibility Act Analysis
The Commission notes that no Final Regulatory Flexibility Analysis
is necessary for this Order. The Commission is not making any changes
to the Commission's rules; rather, we are simply delaying the effective
date of a rule.
Congressional Review Act
The Commission will not send a copy of this Order pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
adopted rules are rules of particular applicability.
Ordering Clauses
Pursuant to the authority contained in sections 1-4, 227, and
303(r), of the Communications Act of 1934, as amended; 47 U.S.C. 151-
154, 227, and 303(r); the Junk Fax Prevention Act of 2005, and Sec.
64.1200 of the Commission's rules, 47 CFR 64.1200 and 64.2401, this
Order in CG Docket 02-278 and 05-338 is adopted.
[[Page 75071]]
The Commission's Consumer & Governmental Affairs Bureau, Reference
Information Center, Shall send a copy of the Order to the Chief Counsel
for Advocacy of the Small Business Administration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-24210 Filed 12-16-05; 8:45 am]
BILLING CODE 6712-01-P