[Federal Register Volume 69, Number 208 (Thursday, October 28, 2004)]
[Rules and Regulations]
[Pages 62816-62817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24125]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278, FCC 04-223]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule; delay of effective date.

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SUMMARY: In this document, the Commission extends through June 30, 
2005, the effective date of 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 and the rule requiring that the 
sender of a facsimile advertisement first obtain the recipient's 
express permission in writing.

DATES: The effective date of the rule amending 47 CFR part 64, Sec.  
64.1200(a)(3)(i) published at 68 FR 44144, July 25, 2003, is delayed 
until July 1, 2005.

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

FOR FURTHER INFORMATION CONTACT: Erica H. McMahon at 202-418-2512, 
Consumer & Governmental Affairs Bureau, Federal Communications 
Commission.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in CG Docket No. 02-278, FCC 04-223, adopted on September 15, 2004 and 
released on October 1, 2004. The full text of this document is 
available at the Commission's Web site http://www.fcc.gov on the 
Electronic Comment Filing System and for public inspection and copying 
during regular business hours in the FCC Reference Information Center, 
Room CY-A257, 445 12th Street, SW., Washington, DC 20554. The complete 
text of the decision may be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc. (BCPA), Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. Customers may contact 
BCPI, Inc., at its Web site: http://www.bcpiweb.com or call 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 
Order can also be downloaded in Word and Portable Document Format (PDF) 
at http://www.fcc.gov/cgb.

Synopsis

    On July 3, 2003, the Commission revised the unsolicited facsimile 
advertising requirements under the Telephone Consumer Protection Act of 
1991 (TCPA). On August 18, 2003, the Commission issued an Order on 
Reconsideration (68 FR 50978, August 25, 2003) that established an 
effective date of January 1, 2005. We now extend, through June 30, 
2005, the effective date of the 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, as well as the amended 
unsolicited facsimile provisions at 47 CFR 64.1200(a)(3)(i). Section 
64.1200(a)(3)(i), as amended, requires the sender of a facsimile 
advertisement to first obtain from the recipient a signed, written 
statement that includes the facsimile number to which any 
advertisements may be sent and clearly indicates the recipient's 
consent to receive such facsimile advertisements from the sender. In 
light of recent action by the United States House of Representatives to 
amend the TCPA and similar proposed legislation in the United States 
Senate, we believe the public interest would best be served by delaying 
the effective date of the written consent requirement for six months to 
allow Congress to act. Should Congress not act in this regard, a 
further extension will provide the Commission requisite time to address 
the petitions for reconsideration filed on these issues. For these same 
reasons, through June 30, 2005, 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 
inquiries will not apply to the transmission of facsimile 
advertisements.
    We emphasize that our existing TCPA rules prohibiting the 
transmission of unsolicited advertisements to a telephone facsimile 
machine will remain in effect during the pendency of this extension. 
Under these rules, those transmitting facsimile advertisements must 
have an established business relationship or prior express permission 
from the facsimile recipient to comply with our rules.

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 62817]]

227, and 303(r), the Order in CG Docket No. 02-278 is adopted and that 
the Report and Order, FCC 03-153, is modified as set forth herein.
    The Fax Ban Coalition's Petition for Extension of Delay is granted 
to the extent discussed herein.
    The effective date for the Commission's determination that an 
established business relationship will no longer be sufficient to show 
that an individual or business has given their express permission to 
receive unsolicited facsimile advertisements and the requirement that 
the sender of a facsimile advertisement first obtain the recipient's 
express permission in writing, as codified at 47 CFR 64.1200(a)(3)(i), 
is July 1, 2005, and that the Order is effective October 28, 2004.
    The Commission will not send a copy of the Order pursuant to 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the adopted 
rules are rules of particular applicability.

List of Subjects in 47 CFR Part 64

    Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-24125 Filed 10-27-04; 8:45 am]
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