[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Page 19686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10426]



[[Page 19686]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64 and 68

[CC Docket No. 92-90; FCC 97-117]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991, Order on Further Reconsideration

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On April 10, 1997, the Commission released an Order on Further 
Reconsideration clarifying that a facsimile broadcast service provider 
must ensure that the identifying information of the entity on whose 
behalf the provider sent facsimile messages appears on messages. We 
determine that the sender of a facsimile message is the creator of the 
content of the message. The Order on Further Reconsideration is 
intended to alert the industry and the general public that a facsimile 
message must include the identification of the business, other entity, 
or individual creating or originating the message.

EFFECTIVE DATE: May 23, 1997.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Renee Alexander, Attorney, Network 
Services Division, Common Carrier Bureau, (202) 418-2497.

SUPPLEMENTARY INFORMATION: This summarizes the Commission's Rules and 
Regulations Implementing the Telephone Consumer Protection Act of 1991, 
Order on Further Reconsideration, FCC 97-117, adopted April 3, 1997, 
and released April 10, 1997. The 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., NW., Suite 140, Washington, DC 
20037, phone (202) 857-3800.

Analysis of Proceeding

    In the Order on Further Reconsideration, the Commission reconsiders 
our determination in the Memorandum Opinion and Order (60 FR 42068, 
August 15, 1995) that a facsimile broadcast service provider must 
ensure that its identifying information and the identifying information 
of the entity on whose behalf it sent facsimile messages must appear on 
the messages. The Commission finds that the sender of a facsimile 
message is the creator of the content of the message. Thus, the 
Commission concludes that Section 227(d)(1) of the Telephone Consumer 
Protection Act of 1991, Public Law 102-243 (1991), mandates that a 
facsimile message must include the identification of the business, 
other entity, or individual creating or originating that message and 
not the entity that transmits the message.

Ordering Clauses

    Accordingly, pursuant to Sections 4(i), 227(d)(2) and 405(a) of the 
Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i), 
227(d)(2) and 405(a), and Section 1.106 of the Commission's Rules, 47 
CFR Sec. 1.106, it is ordered, that MCI's petition for clarification 
or, in the alternative, reconsideration is granted.

List of Subjects

47 CFR Part 64

    Communications common carriers, Telephone.

47 CFR Part 68

    Communications equipment, Telephone.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-10426 Filed 4-22-97; 8:45 am]
BILLING CODE 6712-01-P