[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Rules and Regulations]
[Pages 42068-42069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20116]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 64 and 68
[CC Docket No. 92-90; FCC 95-310]
Telephone Consumer Protection Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: On July 26, 1995, the Commission adopted a Memorandum Opinion
and Order (MO&O) finalizing its rules implementing the Telephone
Consumer Protection Act of 1991 (TCPA). In the MO&O, the Commission
resolves a number of issues raised regarding the Report and Order. The
Commission's actions clarify certain critical aspects of the
regulations implementing TCPA and ensures that the costs of privacy
protection are not borne by the residential subscriber. The MO&O
balances the need to protect consumers' privacy with the imperative
that telemarketing practices not be unreasonably hindered.
EFFECTIVE DATE: September 14, 1995.
FOR FURTHER INFORMATION CONTACT: Scott A. Shefferman, Attorney,
Domestic Facilities Division, Common Carrier Bureau, (202) 418-2332.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's Memorandum
Opinion and Order in the matter of Rules and Regulations Implementing
the Telephone Consumer Protection Act of 1991, (CC Docket 92-90,
adopted July 26, 1995, and released August 7, 1995). This file is
available for inspection and copying during the weekday hours of 9 a.m.
to 4:30 p.m. in the Commission's Reference Center, room 239, 1919 M
St., NW., Washington, DC, or copies may be purchased from the
Commission's duplicating contractor, ITS, Inc. 2100 M St., N.W., Suite
140, Washington, DC 20037, phone (202) 857-3800.
Analysis of Proceeding
On September 17, 1992, the Commission adopted a Report and Order
(57 FR 48333, October 23, 1992) that established procedures governing
unwanted telephone solicitations, and set forth regulations governing
the use of automatic telephone dialing systems, prerecorded or
artificial voice messages, and telephone facsimile machines. This MO&O
considers requests for reconsideration and/or clarification of rules
implemented in the Report and Order in this proceeding.
A ``telephone solicitation,'' as defined in the Telephone Consumer
Protection Act of 1991 (TCPA) and FCC rules, is a telephone call
initiated for the purpose of encouraging the purchase of or investment
in property, goods or services. The definition specifically excludes
calls made by a tax-exempt nonprofit organization. The MO&O clarifies
that telephone solicitations made either by or on behalf of tax-exempt
nonprofit organizations are excepted from the telephone solicitation
rules, and revises the rules accordingly. Commission rules also require
each telemarketer to maintain, and retain on a permanent basis, a
company-specific (i.e., in house) list of telephone service subscribers
that do not wish to receive further solicitation calls from that
telemarketer (``do-not-call list''). The MO&O reconsiders and modifies
the recordkeeping requirement for telemarketers by requiring the record
of such ``do-not-call'' requests to be kept for a ten-year period,
rather than permanently. Commission rules also prohibit prerecorded
calls to residences. The MO&O clarifies that debt collection calls fall
within the exceptions to the general ban against prerecorded calls to
residences.
Further, the MO&O clarifies, among other things, the Commission's
rules regarding telephone facsimile machines and unsolicited facsimile
advertisements by stating that: (a) Telephone facsimile machines need
not contain a disabling device to prevent facsimile transmission
without the required identification; (b) machines
[[Page 42069]]
manufactured after the effective date of the rules must provide the
capability to clearly mark identifying information (including the date
and time of transmission) upon initial programming by the user; (c)
facsimile modem computer boards are subject to our rules on telephone
facsimile machines; and (d) the entity on whose behalf a facsimile
message is transmitted is ultimately responsible for compliance with
the rules banning unsolicited facsimile advertisements.
Finally, Commission rules require entities or individuals making
telephone solicitations to provide identifying information to called
parties, including a telephone number at which the solicitor can be
reached. The TCPA prohibits charging consumers to protect their
privacy, and FCC rules prohibit imposing costs on called parties. The
MO&O therefore modifies the Commission's rules to ensure that telephone
numbers provided in solicitations for identification purposes do not
require the called party to incur more than nominal costs for making a
do-not-call request.
Ordering Clauses
Accordingly, it is ordered, that the petitions for reconsideration
and/or clarification of the rules and regulations implementing the
Telephone Consumer Protection Act of 1991 are denied in part and
granted in part.
It is further ordered, That effective December 13, 1995, telephone
facsimile modem boards, which enable personal computers to transmit
messages to or receive messages from conventional telephone facsimile
machines or other computer fax boards, must be manufactured in
compliance with the Commission's amended rules as set forth below.
It is further ordered, That, pursuant to authority contained in
sections 1, 4(i), 4(j), 201-205, 218, and 227 of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201-205, 218 and
227, parts 64 and 68 of the Commission's Rules and Regulations Are
Amended as set forth below, effective September 14, 1995.
List of Subjects
47 CFR Part 64
Consumer protection, Reporting and recordkeeping requirements,
Telephone.
47 CFR Part 68
Communications equipment, Facsimile, Telephone.
Federal Communications Commission.
LaVera F. Marshall,
Acting Secretary.
Rule Changes
Chapter I of Title 47 of the Code of Federal Regulations, parts 64
and 68, are amended as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
1. The authority citation for part 64 continues to read as follows:
Authority: Section 4, 48 Stat. 1066, as amended; 47 U.S.C. 154,
unless otherwise noted. Interpret or apply secs. 201, 218, 225, 226,
227, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 201-4, 218, 225,
226, 227, unless otherwise noted.
2. Section 64.1200 is amended by revising paragraphs (e)(2)(iv),
(e)(2)(vi) and (f)(3)(iii) to read as follows:
Sec. 64.1200 Delivery restrictions.
* * * * *
(e) * * *
(2) * * *
(iv) Identification of telephone solicitor. A person or entity
making a telephone solicitation must provide the called party with the
name of the individual caller, the name of the person or entity on
whose behalf the call is being made, and a telephone number or address
at which the person or entity may be contacted. If a person or entity
makes a solicitation using an artificial or prerecorded voice message
transmitted by an autodialer, the person or entity must provide a
telephone number other than that of the autodialer or prerecorded
message player which placed the call. The telephone number provided may
not be a 900 number or any other number for which charges exceed local
or long distance transmission charges.
* * * * *
(vi) Maintenance of do-not-call lists. A person or entity making
telephone solicitations must maintain a record of a caller's request
not to receive future telephone solicitations. A do not call request
must be honored for 10 years from the time the request is made.
(f) * * *
(3) * * *
(iii) By or on behalf of a tax-exempt nonprofit organization.
* * * * *
PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
1. The authority citation for part 68 continues to read as follows:
Authority: Secs. 1, 4, 5, 201-5, 208, 215, 218, 226, 227, 303,
313, 314, 403, 404, 410, 602 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154, 155, 201-5, 208, 215, 218, 226, 227,
303, 313, 314, 403, 404, 410, 602.
2. Section 68.318 is amended by revising paragraph (c)(3) to read
as follows:
Sec. 68.318 Additional limitations.
* * * * *
(c) * * *
(3) Telephone facsimile machines; identification of the sender of
the message. It shall be unlawful for any person within the United
States to use a computer or other electronic device to send any message
via a telephone facsimile unless such message clearly contains, in a
margin at the top or bottom of each transmitted page or on the first
page of the transmission, the date and time it is sent and an
identification of the business, other entity, or individual sending the
message and the telephone number of the sending machine or of such
business, other entity, or individual. The telephone number provided
may not be a 900 number or any other number for which charges exceed
local or long distance transmission charges. Telephone facsimile
machines manufactured on and after December 20, 1992 must clearly mark
such identifying information on each transmitted message. Facsimile
modem boards manufactured on and after December 13, 1995 must comply
with the requirements of this section.
* * * * *
[FR Doc. 95-20116 Filed 8-14-95; 8:45 am]
BILLING CODE 6712-01-M