[Federal Register: July 25, 2008 (Volume 73, Number 144)]
[Rules and Regulations]
[Page 43354-43355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy08-9]
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FEDERAL TRADE COMMISSION
16 CFR Part 310
RIN: 3084-AA98
Telemarketing Sales Rule Fees
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (the ``Commission'' or ``FTC'')
is amending its Telemarketing Sales Rule (``TSR'') by updating the fees
charged to entities accessing the National Do Not Call Registry (``the
Registry'') so that they conform to the fee structure specified in the
recently enacted Do-Not-Call Registry Fee Extension Act of 2007.
[[Page 43355]]
DATES: Effective Date: This amendment will become effective on October
1, 2008.
ADDRESSES: Requests for copies of this document should be sent to:
Public Reference Branch, Federal Trade Commission, Room 130, 600
Pennsylvania Avenue, NW., Washington, DC 20580. Copies of this document
are also available on the Internet at the Commission's Web site: http:/
/www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Kelly A. Horne, (202) 326-3031,
Division of Planning & Information, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC
20580.
SUPPLEMENTARY INFORMATION: To comply with the Do-Not-Call Registry Fee
Extension Act of 2007 (Pub. L. 110-188, 122 Stat. 635) (``Act''), the
Commission is revising the Final Amended Fee Rule in the following
manner: The revised rule decreases the annual fee for access to the
Registry for each area code of data to $54 per area code, or $27 per
area code of data during the second six months of an entity's annual
subscription period. The maximum amount that would be charged to any
single entity for accessing area codes of data is decreased to $14,850.
The revised rule retains the provisions regarding free access to the
first five area codes of data by all entities, as well as free access
by ``exempt'' organizations. As required by the Act, it expands the
definition of ``exempt'' organizations to include any person permitted
to access, but not required to access, the do-not-call registry, not
only under the TSR, the Federal Communication Commission's do-not-call
rules found at 47 CFR 64.1200, or any other Federal law, but also under
any other Federal regulation.
Additionally, in accordance with the Act, beginning after fiscal
year 2009, the dollar amounts charged shall be increased by an amount
equal to the amounts specified in the Final Amended Fee Rule, whichever
fee is applicable, multiplied by the percentage (if any) by which the
average of the monthly consumer price index (for all urban consumers
published by the Department of Labor) (``CPI'') for the most recently
ended 12-month period ending on June 30 exceeds the CPI for the 12-
month period ending June 30, 2008. Any increase shall be rounded to the
nearest dollar. There shall be no increase in the dollar amounts if the
change in the CPI is less than 1 percent. The adjustments to the
applicable fees, if any, shall be published in the Federal Register no
later than September 1 of each year.
Administrative Procedure Act; Regulatory Flexibility Act; Paperwork
Reduction Act
The revisions to the Fee Rule are technical in nature and merely
incorporate statutory changes to the TSR. These statutory changes have
been adopted without change or interpretation at this time, making
public comment unnecessary. Therefore, the Commission has determined
that the notice and comment requirements of the Administrative
Procedure Act do not apply. See 5 U.S.C. 553(b). For this reason, the
requirements of the Regulatory Flexibility Act also do not apply. See 5
U.S.C. 603, 604.
Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, the
Office of Management and Budget (``OMB'') approved the information
collection requirements in the Amended TSR and assigned the following
existing OMB Control Number: 3084-0097. The amendments outlined in this
Final Rule pertain only to the fee provision (sec. 310.8) of the
Amended TSR and will not establish or alter any recordkeeping,
reporting, or third-party disclosure requirements elsewhere in the
Amended TSR.
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Accordingly, the Federal Trade Commission amends part 310 of title 16
of the Code of Federal Regulations as follows:
PART 310--TELEMARKETING SALES RULE
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1. The authority citation for part 310 continues to read as follows:
Authority: 15 U.S.C. 6101-6108; 15 U.S.C. 6151-6155.
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2. Revise Sec. Sec. 310.8(c) and (d) to read as follows:
Sec. 310.8 Fee for access to the National Do Not Call Registry.
* * * * *
(c) The annual fee, which must be paid by any person prior to
obtaining access to the National Do Not Call Registry, is $54 for each
area code of data accessed, up to a maximum of $14,850; provided,
however, that there shall be no charge to any person for accessing the
first five area codes of data, and provided further, that there shall
be no charge to any person engaging in or causing others to engage in
outbound telephone calls to consumers and who is accessing area codes
of data in the National Do Not Call Registry if the person is permitted
to access, but is not required to access, the National Do Not Call
Registry under this Rule, 47 CFR 64.1200, or any other Federal
regulation or law. Any person accessing the National Do Not Call
Registry may not participate in any arrangement to share the cost of
accessing the registry, including any arrangement with any telemarketer
or service provider to divide the costs to access the registry among
various clients of that telemarketer or service provider.
(d) Each person who pays, either directly or through another
person, the annual fee set forth in Sec. 310.8(c), each person
excepted under Sec. 310.8(c) from paying the annual fee, and each
person excepted from paying an annual fee under Sec.
310.4(b)(1)(iii)(B), will be provided a unique account number that will
allow that person to access the registry data for the selected area
codes at any time for the twelve month period beginning on the first
day of the month in which the person paid the fee (``the annual
period''). To obtain access to additional area codes of data during the
first six months of the annual period, each person required to pay the
fee under Sec. 310.8(c) must first pay $54 for each additional area
code of data not initially selected. To obtain access to additional
area codes of data during the second six months of the annual period,
each person required to pay the fee under Sec. 310.8(c) must first pay
$27 for each additional area code of data not initially selected. The
payment of the additional fee will permit the person to access the
additional area codes of data for the remainder of the annual period.
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8-17064 Filed 7-24-08; 8:45 am]
BILLING CODE 6750-01-P