[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR310.8]

[Page 363-365]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 310_TELEMARKETING SALES RULE--Table of Contents
 
Sec. 310.8  Fee for access to the National Do Not Call Registry.

    (a) It is a violation of this Rule for any seller to initiate, or 
cause any telemarketer to initiate, an outbound telephone call to any 
person whose telephone number is within a given area code unless such 
seller, either directly or through another person, first has paid the 
annual fee, required by

[[Page 364]]

Sec. 310.8(c), for access to telephone numbers within that area code 
that are included in the National Do Not Call Registry maintained by the 
Commission under Sec. 310.4(b)(1)(iii)(B); provided, however, that such 
payment is not necessary if the seller initiates, or causes a 
telemarketer to initiate, calls solely to persons pursuant to Sec. Sec. 
310.4(b)(1)(iii)(B)(i) or (ii), and the seller does not access the 
National Do Not Call Registry for any other purpose.
    (b) It is a violation of this Rule for any telemarketer, on behalf 
of any seller, to initiate an outbound telephone call to any person 
whose telephone number is within a given area code unless that seller, 
either directly or through another person, first has paid the annual 
fee, required by Sec. 310.8(c), for access to the telephone numbers 
within that area code that are included in the National Do Not Call 
Registry; provided, however, that such payment is not necessary if the 
seller initiates, or causes a telemarketer to initiate, calls solely to 
persons pursuant to Sec. Sec. 310.4(b)(1)(iii)(B)(i) or (ii), and the 
seller does not access the National Do Not Call Registry for any other 
purpose.
    (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.
    (e) Access to the National Do Not Call Registry is limited to 
telemarketers, sellers, others engaged in or causing others to engage in 
telephone calls to consumers, service providers acting on behalf of such 
persons, and any government agency that has law enforcement authority. 
Prior to accessing the National Do Not Call Registry, a person must 
provide the identifying information required by the operator of the 
registry to collect the fee, and must certify, under penalty of law, 
that the person is accessing the registry solely to comply with the 
provisions of this Rule or to otherwise prevent telephone calls to 
telephone numbers on the registry. If the person is accessing the 
registry on behalf of sellers, that person also must identify each of 
the sellers on whose behalf it is accessing the registry, must provide 
each seller's unique account number for access to the national registry, 
and must certify, under penalty of law, that the sellers will be using 
the information gathered from the registry solely to comply with the 
provisions of

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this Rule or otherwise to prevent telephone calls to telephone numbers 
on the registry.

[68 FR 45144, July 31, 2003, as amended at 69 FR 45585, July 30, 2004; 
70 FR 43280, July 27, 2005; 71 FR 43054, July 31, 2006; 73 FR 43355, 
July 25, 2008]