[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61381-61382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23295]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 02-278; DA 04-3186]


Consumer & Governmental Affairs Bureau Seeks Comment on Express 
Consolidation, Inc. Petition for Declaratory Ruling on Preemption of 
Florida 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 Express Consolidation, Inc., asking the Commission to 
preempt a Florida telemarketing law, Florida Statute, section 501.059 
which restricts the making of certain telephonic sales calls to Florida 
citizens.

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 04-3186, 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 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,

[[Page 61382]]

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, Capitol 
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: 
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 July 28, 2004, Express Consolidation, Inc. (Express or 
Petitioner) filed a petition for declaratory ruling asking the 
Commission to preempt a Florida telemarketing law, Florida Statute, 
section 501.059 (Florida Statute). According to Petitioner, Express has 
been charged in a complaint by the Florida Department of Agriculture 
and Consumer Services with violating the Florida Statute, which 
restricts the making of telephonic sales calls to Florida citizens 
whose names appear on the state's quarterly ``no sales solicitation 
calls listing.'' The Florida law also restricts the use of automatic 
dialing systems and artificial or prerecorded messages to make sales 
calls. Express contends that the Florida Statute is inconsistent with 
the Telephone Consumer Protection Act (TCPA) by placing more onerous 
restrictions on the making of interstate telephone calls by a tax-
exempt nonprofit organization. Express indicates that, unlike the 
Florida Statute, the TCPA exempts calls made by tax-exempt nonprofit 
organizations from the restrictions on ``telephone solicitations.'' 
Express further explains that the calls that are the basis of the 
state's enforcement action are made on behalf of Express, a nonprofit 
corporation with offices in Florida, by a California company. Express 
maintains that the TCPA authorizes a state to implement more 
restrictive regulations only with respect to intrastate calls; 
therefore, the state law should be preempted.

Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-23295 Filed 10-15-04; 8:45 am]
BILLING CODE 6712-01-P