[Federal Register Volume 67, Number 195 (Tuesday, October 8, 2002)]
[Rules and Regulations]
[Page 62648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25568]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278, CC Docket No. 92-90, FCC 02-250]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act (TCPA) of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission announces that it will 
terminate and close CC Docket No. 92-90. On September 12, 2002, the 
Commission adopted a Notice of Proposed Rulemaking (NPRM) on its rules 
implementing the Telephone Consumer Protection Act of 1991 (TCPA). The 
NPRM seeks comment on whether the Commission's rules governing 
unsolicited advertising using the telephone and facsimile machine need 
to be revised in order to more effectively carry out Congress's 
directives in the TCPA. The Commission will close and terminate CC 
Docket No. 92-90 and open a new docket to address the issues raised in 
this proceeding.

DATES: Effective October 8, 2002.

FOR FURTHER INFORMATION CONTACT: Erica H. McMahon or Richard D. Smith 
at 202-418-2512, Consumer & Governmental Affairs Bureau.

SUPPLEMENTARY INFORMATION: On September 12, 2002, the Commission 
adopted an NPRM and Memorandum Opinion and Order in CG Docket No. 02-
278 and CC Docket No. 92-90, FCC 02-250. In the NPRM, the Commission 
seeks comment on whether to revise, clarify or adopt any additional 
rules pursuant to the TCPA on the use of telephone and facsimile 
machines to deliver unsolicited advertisements. The Commission also 
seeks comment on whether to reconsider the option of establishing a 
national do-not-call list. In the Memorandum Opinion and Order, the 
Commission notes that the telemarketing marketplace has undergone 
significant changes. In addition, the Commission has received thousands 
of complaints from consumers who allege violations of the TCPA and our 
rules and orders. Based on these complaints, the changes in the way 
telemarketing is conducted, and our decision to revisit the option of 
establishing a national do-not-call list, it is clear that the focus of 
this proceeding has changed significantly from when the 1997 TCPA 
Reconsideration Order (62 FR 19686, April 23, 1997) was released. 
Therefore, the Commission announces that it will close and terminate CC 
Docket No. 92-90 and open a new docket to address the issues raised in 
this proceeding. Only pending Petitions and Requests for Clarification 
from CC Docket 92-90 will be incorporated into the instant proceeding. 
The full text of this document is available on the Commission's website 
Electronic Comment Filing System and for public inspection during 
regular business hours in the FCC Reference Center, Room CY-A257, 445 
12th Street, SW, Washington, DC 20554.

List of Subjects in 47 CFR Part 64

    Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-25568 Filed 10-7-02; 8:45 am]
BILLING CODE 6712-01-P