[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Rules and Regulations]
[Pages 9875-9876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3931]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; DA 05-342]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for declaratory ruling, comments 
requested.

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SUMMARY: This document seeks comment on a Petition for Declaratory 
Ruling filed by TSA Stores, Inc. asking the Federal Communications 
Commission (``Commission'') to preempt a provision of the Florida 
Statutes as applied to interstate telephone calls.

DATES: Comments are due on or before March 31, 2005, and reply comments 
are due on or before April 15, 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 05-342, released February 9, 2005. 
On July 3, 2003, the Commission released a Report and Order (2003 TCPA 
Order), 68 FR 44144, July 25, 2003. In the 2003 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

[[Page 9876]]

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 February 1, 2005, TSA Stores, Inc. (TSA) filed a Petition for 
Declaratory Ruling asking the Commission to preempt a provision of the 
Florida Statutes as applied to interstate telephone calls. 
Specifically, TSA requests that the Commission preempt section 501.059 
of the Florida Statutes as applied to interstate telephone calls made 
to residential lines using a prerecorded voice, where the call is made 
to a person with whom the caller has an established business 
relationship. TSA indicates that section 501.059 of the Florida 
Statutes makes it unlawful for a telephone solicitor to make a 
telephone sales call to a Florida resident if such call involves an 
automated system for the selection or dialing of telephone numbers or 
the playing of a recorded message when a connection is completed to a 
called number. TSA asserts that section 501.059, to the extent that it 
restricts or prohibits the use of prerecorded messages to persons with 
whom the caller has an established business relationship, is 
inconsistent with the Commission's rules, when applied to interstate 
calls. TSA indicates that this provision conflicts with section 
64.1200(a)(2) of the Commission's rules, 47 CFR 64.1200(a)(2), which, 
according to TSA, permits the use of an artificial or prerecorded voice 
to deliver a message without the express prior consent of the called 
party if the call is made to a person with whom the caller has an 
established business relationship. Accordingly, TSA requests that the 
Commission issue a declaration preempting section 501.059(7)(a) of the 
Florida Statutes.

Federal Communications Commission.
Jay Keithley,
Deputy Bureau Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 05-3931 Filed 2-28-05; 8:45 am]
BILLING CODE 6712-01-P