[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Rules and Regulations]
[Pages 59130-59131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25842]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278, FCC 03-230]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission temporarily stays the 
limitations imposed in Sec.  64.1200(f)(3) on the duration of an 
``established business relationship'' as applied to the sending of 
unsolicited facsimile advertisements. As a result, the 18-month 
limitation on the duration of the established business relationship 
based on purchases and transactions and the three-month limitation on 
applications and inquires will not apply to the transmission of 
facsimile advertisements pending either a decision on this issue on 
reconsideration or January 1, 2005, whichever is sooner, when the 
extension of the established business relationship to unsolicited 
facsimile advertisements is due to expire.

DATES: Effective October 14, 2003. The Federal Communications 
Commission will publish a document in the Federal Register when the 
stay is lifted to remove the note to Sec.  64.1200(f)(3) added by this 
document.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Erica McMahon or Richard Smith of the 
Consumer & Governmental Affairs Bureau at (202) 418-2512.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
adopted September 26, 2003, and released October 3, 2003. Copies of any 
subsequently filed documents in this matter will be available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. The complete text of this decision also 
ma5y be purchased from the Commission's duplicating contractor Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone (202) 863-2893, facsimile (202) 863-
2898, or via e-mail [email protected]. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer & Governmental Affairs Bureau at (202) 418-0531 
(voice), (202) 418-7365 (TTY).

Synopsis

    In this Order, the Commission now temporarily stays, for an interim 
period, the limitations imposed in Sec.  64.1200 (f)(3) on the duration 
of an ``established business relationship'' as it applies to the 
sending of unsolicited facsimile advertisements. During this interim 
period, the established business relationship, as applied to 
unsolicited facsimile advertisements, will not expire after 18 months 
of the recipient's last purchase or transaction or three months after 
the last application or inquiry. Given that the Commission's adoption 
of the modified established business relationship definition in the 
Report and Order, FCC 03-153, published at 68 FR 44144 (July 25, 2003), 
and Announcement of effective date published at 68 FR 56764 (October 1, 
2003), was limited to its application to telephone solicitations, the 
Commission believes that good cause exists to stay application of the 
time limitations imposed on the established business relationship in 
the context of facsimile advertisements until the Commission conducts a 
review on reconsideration. The Commission emphasizes that nothing in 
this Order impacts the conclusion in the Order on Reconsideration, FCC 
03-208; published at 68 FR 50978, August 25, 2003, that an established 
business relationship constitutes sufficient permission to send a 
facsimile advertisement until January 1, 2005.
    The Commission notes, however, that in the absence of any 
Commission action on this issue prior to January 1, 2005, the 
Commission's determination that an established business relationship 
will no longer be sufficient to show that an individual or business has 
given express permission to receive unsolicited facsimile 
advertisements will go into effect as required by the Order on 
Reconsideration.
    The actions contained herein have not changed our Final Regulatory 
Flexibility Analysis (FRFA), which is set forth in the Report and 
Order. Thus, no supplemental FRFA is necessary. In addition, the action 
contained herein imposes no new or modified reporting and/or 
recordkeeping requirements or burdens on the public.

Ordering Clauses

    Pursuant to sections 1-4, 227, and 303(r) of the Communications Act 
Of 1934, as amended, 47 U.S.C. 151-154,

[[Page 59131]]

227, and 303 (r); and section 1.429 of the Commission's Rules, 47 CFR 
1.429, this Order in CG Docket No. 02-278 is adopted as set forth 
herein.
    This Order is effective upon publication in the Federal Register. 
In light of the fact that this Order imposes no new obligations, the 
Commission find good cause, pursuant to 5 U.S.C. 553(d), to make this 
Order effective on less than thirty days' notice.

List of Subjects in 47 CFR Part 64

    Telephone.

0
For the reasons set forth, amend part 64 of title 47 of the Code of 
Federal Regulations as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. Section 64.1200 is amended by adding the following note to paragraph 
(f)(3):


Sec.  64.1200  Delivery restrictions.

* * * * *
    (f) * * *

    Note to paragraph (f)(3): Paragraph 64.1200(f)(3) is stayed as 
of October 14, 2003, as it applies to the time limitations on 
facsimile advertisements. The Federal Communications Commission will 
publish a document in the Federal Register when the stay is lifted.

* * * * *

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-25842 Filed 10-10-03; 8:45 am]
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