[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Proposed Rules]
[Page 71126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30252]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; DA 02-3210]


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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: On September 18, 2002, the Commission released a document (67 
FR 62667, Oct. 8, 2002) seeking comment on whether it should change its 
rules restricting telemarketing calls and facsimile advertisements. 
This document grants, in part, and denies, in part, the motion of the 
American Teleservices Association (ATA) to extend the time to file 
comments in our TCPA proceeding in CG Docket No. 02-278.

DATES: Comments are due in this proceeding on December 9, 2002, and 
reply comments are due January 8, 2003.

ADDRESSES: Parties who choose to file comments by paper must file an 
original and four copies with the Commission's Secretary, Marlene H. 
Dortch, Office of the Secretary, Federal Communications Commission, 445 
12th Street, SW., Room TW-A325, Washington, DC 20554. Comments may also 
be filed using the Commission's Electronic Filing System, which can be 
accessed via the Internet at http://www.fcc.gov/e-file/ecfs.html.

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

SUPPLEMENTARY INFORMATION: On November 13, 2002, the American 
Teleservices Association (ATA) filed a motion for extension of time to 
file comments in CG Docket No. 02-278. It is not Commission policy to 
routinely grant extensions of time. However, we find that a brief 
extension of time to file comments in this proceeding is in the public 
interest. We therefore grant, in part, and deny, in part, ATA's request 
to extend the comment period in this proceeding. In so doing, we note 
that many parties seeking to file comments in this proceeding are 
consumers who may lack familiarity with the Commission's process for 
filing comments. We believe an extension of time will help to ensure 
that these parties have ample opportunity to participate. In addition, 
because the Consumer & Governmental Affairs Bureau (Bureau) responded 
to ATA's FOIA request on November 14, 2002 by giving ATA 250 redacted 
complaints, the additional time will afford ATA ample opportunity to 
review those complaints. Finally, we extend the reply comment period to 
30 days following the comment deadline to allow parties a sufficient 
opportunity to respond to the large number of comments already filed in 
this proceeding. As of November 19, 2002, over 4,100 comments have been 
filed in response to the Notice of Proposed Rulemaking (Notice).
    We decline, however, to extend the comment period to the full 
extent requested by ATA. We do not believe that it would be in the 
public interest to delay this entire proceeding by several months based 
on the rationale provided in ATA's motion. In particular, we disagree 
with ATA's contention that ATA must obtain the approximately 11,000 
TCPA-related complaints and 1,500 inquiries filed from 2000-2001 prior 
to commenting on the issues presented in the Notice. The Notice 
presents, in detail, the specific issues and rules that are under 
consideration for review in this proceeding. We believe this 
information allows parties a full and complete opportunity to respond 
to these issues. In addition, as noted above, the Commission has 
provided 250 such complaints to ATA in response to its FOIA request. 
ATA will have an opportunity to analyze those complaints prior to 
submitting its comments. The Commission intends to work diligently to 
provide a complete response to ATA's FOIA request. To the extent 
necessary, ATA will have additional opportunities to supplement its 
comments through ex parte filings.

List of Subjects in 47 CFR Part 64

    Telephone.

Federal Communications Commission.
Margaret M. Egler,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 02-30252 Filed 11-27-02; 8:45 am]
BILLING CODE 6712-01-P