[Federal Register Volume 70, Number 1 (Monday, January 3, 2005)]
[Proposed Rules]
[Pages 61-62]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28418]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; DA 04-3836]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Petition for declaratory ruling; comments requested.

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SUMMARY: This document seeks comment on a Petition for Declaratory 
Ruling filed by the Consumer Bankers Association asking the Commission 
to preempt certain sections of the Wisconsin Statutes and Wisconsin 
Administrative Code as applied to interstate telephone calls.

DATES: Comments are due on or before February 2, 2005, and reply 
comments are due on or before February 17, 2005.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See supplementary information for further filing 
instructions.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, CG Docket No. 02-278, DA 04-3836, released December 7, 2004. 
On July 3, 2003, the Commission released a Report and Order (2003 TCPA 
Order), 68 FR 44144, July 25, 2003. In the 2003

[[Page 62]]

TCPA Order, the Commission stated its belief that any state regulation 
of interstate telemarketing calls that differed from our rules under 
section 227 almost certainly would conflict with and frustrate the 
federal scheme and would be preempted. The Commission will consider any 
alleged conflicts between state and federal requirements and the need 
for preemption on a case-by-case basis. Accordingly, any party that 
believes a state law is inconsistent with section 227 or our rules may 
seek a Declaratory Ruling from the Commission. 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, 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 
section 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). This document can also be downloaded 
in Word or Portable Document Format (PDF) at http://www.fcc.gov/cgb/policy.

Synopsis

    On November 19, 2004, Consumer Bankers Association (CBA) filed a 
Petition for Declaratory Ruling asking the Commission to preempt 
certain sections of the Wisconsin Statutes and Wisconsin Administrative 
Code as it relates to interstate telephone calls. CBA contends that the 
Wisconsin laws are significantly more restrictive than the Commission's 
telemarketing rules. More specifically, CBA argues that the Wisconsin 
laws are inconsistent with the Commission's regulations which permit 
telephone solicitation calls to persons with whom the caller has an 
``established business relationship'' (EBR), even where the called 
party's number has been entered on the national do-not-call registry. 
CBA contends that the Wisconsin laws prohibit certain categories of 
calls that are within the scope of the Commission's EBR exception, 
including: (1) Calls made to residential subscribers who have made an 
inquiry or application regarding products or services, but have not 
expressly asked to be called in response to that inquiry or 
application; (2) calls made to residential subscribers who have engaged 
in a completed purchase or transaction with the caller; (3) calls made 
to existing customers for the purpose of offering additional or 
different products from those the seller already is providing to the 
customer; and (4) calls from an affiliate of the entity with whom the 
residential customer has an existing relationship. CBA explains that 
``[t]hese inconsistencies between federal law and the Wisconsin statute 
subject CBA's members to `multiple, conflicting regulations' in the 
area of interstate telemarketing. * * *'' Therefore, CBA requests a 
Declaratory Ruling that the identified provisions of Wisconsin's 
telemarketing statute and implementing regulations are preempted.

Federal Communications Commission.
Jay Keithley,
Deputy Bureau Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-28418 Filed 12-30-04; 8:45 am]
BILLING CODE 6712-01-P