[Congressional Record Volume 150, Number 105 (Wednesday, September 8, 2004)]
[Extensions of Remarks]
[Pages E1558-E1559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    JUNK FAX PREVENTION ACT OF 2004

                                 ______
                                 

                               speech of

                            HON. ARTUR DAVIS

                               of alabama

                    in the house of representatives

                         Tuesday, July 20, 2004

  Mr. DAVIS of Alabama. Mr. Speaker, I rise in support of H.R. 4600, 
the Junk Fax Prevention Act of 2004. This Bill codifies the 
reinstatement of an established business relationship exception 
permitting businesses, associations and charities to send commercial 
faxes without receiving written permission from the recipient. 
Additionally, H.R. 4600 crafts reporting requirements granting Congress 
the authority to regulate the FCC's enforcement activities, and 
includes an ``opt-out provision''

[[Page E1559]]

that gives the recipient the opportunity to avoid further faxes.
  In 1991, Congress passed the Telecommunications Consumer Protection 
Act (TCPA), which protected consumers from unsolicited commercial faxes 
and permitted legitimate businesses and organizations to fax 
fundraising requests, advertisements, dues renewal notices, and other 
pertinent information to individuals with an established business 
relationship. For the past ten years the Commission has continued to 
follow its 1991 interpretation deeming such publications invited or 
permitted devoid of any discernable measure of complaints from the 
general public.
  In 2003, the FCC revisited the issue of unsolicited commercial faxes 
and determined that an ``express invitation or permission'' must be in 
writing and include the recipient's signature. Compliance with the 
FCC's 2003 decision requires every business, association, and charity 
to obtain written permission from anyone receiving commercial faxes.
  Starting on January 1, 2005 the FCC's ruling goes into effect. A 
majority of the businesses and organizations would be forced to 
shoulder considerable financial and logistical burdens. Consequently, 
the Commission's 2003 decision would require everyday customers, 
requesting specific information such as vacation packages from travel 
agents or menus from local restaurants, to submit a written, signed 
statement consenting to the receipt of such publications. Obviously, 
many small businesses, charities, and associations are concerned with 
the FCC's recent interpretation and its impact on their lives.
  In practice the FCC's 2003 decision would be devastating to a myriad 
of small businesses that rely heavily on fax publications and 
advertisements. It has been estimated that two-thirds of small business 
owners will be required to obtain consent forms from greater than 100 
separate fax numbers in the first year alone. Research indicates that 
if enacted, the ``FCC's new rules would cost small business owners at 
least $5,000 in the first year and $3,000 per year in compliance. In 
addition, the FCC's decision would require greater than 27 staff hours 
in order to obtain customers' initial consent and 20 hours each year 
thereafter.
  Mr. Speaker, H.R. 4600 seeks to reverse the FCC's overly burdensome, 
expensive and unnecessary interpretation. The current measure is 
necessary to strike a proper balance between an individual's right to 
protection and privacy from unsolicited and invasive faxes with a 
business's need for communication and right to free enterprise. I 
encourage all my colleagues to support this bill.

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