[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61379-61380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23294]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 02-278; DA 04-3185]


Consumer & Governmental Affairs Bureau Seeks Comment on American 
Teleservices Association, Inc. Petition for Declaratory Ruling on 
Preemption of New Jersey Telemarketing Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document seeks comment on a petition for declaratory 
ruling filed by the American Teleservices Association (ATA), asking the 
Commission to preempt certain provisions of the New Jersey Consumer 
Fraud Act and New Jersey Administrative Code relating to telemarketing.

DATES: Comments are due November 17, 2004, and reply comments are due 
December 2, 2004.

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

FOR FURTHER INFORMATION CONTACT: Kelli Farmer, Consumer Policy 
Division, Consumer & Governmental Affairs Bureau, (202) 418-2512.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, CG Docket No. 02-278, DA 04-3185, released October 4, 2004. 
Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments in this 
proceeding on or before November 17, 2004, and reply comments may be 
filed on or before December 2, 2004. When filing comments, please 
reference CG Docket No. 02-278. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies. See Electronic Filing of Documents in Rulemaking

[[Page 61380]]

Proceedings, 63 FR 24121, May 1, 1998. Comments filed through the ECFS 
can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic 
submission must be filed. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number. Parties may 
also submit an electronic comment by Internet e-mail. To get filing 
instructions for e-mail comments, commenters should send e-mail to 
[email protected], and should include the following words in the body of the 
message, ``get form .'' A sample form and 
directions will be sent in reply.
    Parties who choose to file by paper must send an original and four 
(4) copies of each filing. Filings can be sent by hand or messenger 
delivery, by electronic media, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although we continue 
to experience delays in receiving U.S. Postal Service mail). The 
Commission's contractor, Natek, Inc., will receive hand-delivered or 
messenger-delivered paper filings or electronic media for the 
Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial and electronic media sent by overnight mail (other 
than U.S. Postal Service Express Mail and Priority Mail) must be sent 
to 9300 East Hampton Drive, Capital Heights, MD 20743. U.S. Postal 
Service first-class mail, Express Mail, and Priority Mail should be 
addressed to 445 12th Street, SW., Washington, DC 20554. All filings 
must be addressed to the Commission's Secretary, Marlene H. Dortch, 
Office of the Secretary, Federal Communications Commission, 445 12th 
Street, SW., Room TW-B204, Washington, DC 20554.
    This proceeding shall be treated as a ``permit but disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200. Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentations must contain summaries of the 
substances of the presentations and not merely a listing of the 
subjects discussed. More than a one or two sentence description of the 
views and arguments presented is generally required. See 47 CFR 
1.1206(b). Other rules pertaining to oral and written ex parte 
presentations in permit-but-disclosed proceedings are set forth in 
Sec.  1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
    The full text of this document and 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, (202) 418-0270. This document may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing (BCPI), 
Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554. Customers may contact BCPI, Inc. at their Web site: http://www.bcpiweb.com or by calling 1 (800) 378-3160.
    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) 418-0530 (voice) or (202) 418-0432 (TTY). The 
Public Notice can also be downloaded in Word or Portable Document 
Format (PDF) at http://www.fcc.gov/cgb.

Synopsis

    On August 24, 2004, the ATA filed a petition for declaratory 
ruling, asking the Commission to preempt certain provisions of the New 
Jersey Consumer Fraud Act and New Jersey Administrative Code (New 
Jersey Rules) relating to telemarketing. ATA contends that the New 
Jersey Rules are more restrictive than the rules established by the 
Commission under the Telephone Consumer Protection Act (TCPA). More 
specifically, ATA argues that the New Jersey Rules are inconsistent 
with the Commission's ``established business relationship'' exemption, 
fail to provide a personal relationship exemption, and impose stricter 
identification requirements on telemarketers. Furthermore, ATA 
indicates that the New Jersey Rules are not limited to intrastate 
telemarketing, but apply to all telemarketing calls to New Jersey 
consumers regardless of where the calls originate. ATA therefore 
requests that the Commission preempt those provisions of the New Jersey 
Rules which are more restrictive than the Commission's rules as they 
relate to interstate telemarketing.

Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-23294 Filed 10-15-04; 8:45 am]
BILLING CODE 6712-01-P