[Federal Register Volume 70, Number 77 (Friday, April 22, 2005)]
[Proposed Rules]
[Pages 20848-20852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8044]


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FEDERAL TRADE COMMISSION

16 CFR Part 310

RIN 3084-0098


Telemarketing Sales Rule Fees

AGENCY: Federal Trade Commission.

ACTION: Notice of proposed rulemaking; request for public comment.

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SUMMARY: The Federal Trade Commission (the ``Commission'' or ``FTC'') 
is issuing a Notice of Proposed Rulemaking (``NPRM'') to amend the 
Telemarketing Sales Rule (``TSR'') to revise the fees charged to 
entities accessing the National Do Not Call Registry, and invites 
written comments on the issues raised by the proposed changes.

DATES: Comments must be received by June 1, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``TSR Fee Rule, Project No. P034305,'' to 
facilitate the organization of comments. A comment filed in paper form 
should include this reference both in the text and on the envelope, and 
should be mailed or delivered to the following address: Federal Trade 
Commission/Office of the Secretary, Room H-159 (Annex K), 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with Commission Rule 4.9(c), 
16 CFR 4.9(c) (2005).\1\ The FTC is requesting that any comment filed 
in paper form be sent by courier or overnight service, if possible, 
because U.S. postal mail in the Washington, DC area and at the 
Commission is subject to delay due to heightened security precautions.
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    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
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    Comments filed in electronic form should be submitted by clicking 
on the following Web link: https://secure.commentworks.com/ftc-dncfees2005 and following the instructions on the Web-based form. To 
ensure that the Commission considers an electronic comment, you must 
file it on the Web-based form at https://secure.commentworks.com/ftc-dncfees2005. You may also visit http://www.regulations.gov to read this 
notice of proposed rulemaking, and may file an electronic comment 
through that Web site. The Commission will consider all comments that 
regulations.gov forwards to it.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at http://www.ftc.gov. As a matter of discretion, the FTC 
makes every effort to remove home contact information for individuals 
from the public comments it receives before placing those comments on 
the FTC Web site. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: David B Robbins, (202) 326-3747, 
Division of Planning & Information, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 18, 2002, the Commission issued final amendments to the 
Telemarketing Sales Rule, which, inter alia, established the National 
Do Not Call Registry, permitting consumers to register, via either a 
toll-free telephone number or the Internet, their preference not to 
receive certain telemarketing calls (``Amended TSR'').\2\ Under the 
Amended TSR, most

[[Page 20849]]

telemarketers are required to refrain from calling consumers who have 
placed their numbers on the registry.\3\ Telemarketers must 
periodically access the registry to remove from their telemarketing 
lists the telephone numbers of those consumers who have registered.\4\
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    \2\ See 68 FR 4580 (Jan. 29, 2003) (codified at 16 CFR pt. 310).
    \3\ 16 CFR 310.4(b)(1)(iii)(B).
    \4\ 16 CFR 310.4(b)(3)(iv). The TSR requires telemarketers to 
access the national registry at least once every thirty-one days, 
effective January 1, 2005. Id.
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    Shortly after issuance of the Amended TSR, Congress passed the Do-
Not-Call Implementation Act (``the Implementation Act'').\5\ The 
Implementation Act gave the Commission the specific authority to 
``promulgate regulations establishing fees sufficient to implement and 
enforce the provisions relating to the `do-not-call' registry of the 
[TSR]. * * * No amounts shall be collected as fees pursuant to this 
section for such fiscal years except to the extent provided in advance 
in appropriations Acts. Such amounts shall be available * * * to offset 
the costs of activities and services related to the implementation and 
enforcement of the [TSR], and other activities resulting from such 
implementation and enforcement.'' \6\
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    \5\ Do-Not-Call Implementation Act, Pub. L. 108-10, 117 Stat. 
557 (2003).
    \6\ Id. at Section 2.
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    On July 29, 2003, pursuant to the Implementation Act and the 
Consolidated Appropriations Resolution, 2003,\7\ the Commission issued 
a Final Rule further amending the TSR to impose fees on entities 
accessing the National Do Not Call Registry (``the Original Fee 
Rule'').\8\ Those fees were based on the FTC's best estimate of the 
number of entities that would be required to pay for access to the 
national registry, and the need to raise $18.1 million in Fiscal Year 
2003 to cover the costs associated with the implementation and 
enforcement of the ``do-not-call'' provisions of the Amended TSR. The 
Commission determined that the fee structure would be based on the 
number of different area codes of data that an entity wished to access 
annually. The Original Fee Rule established an annual fee of $25 for 
each area code of data requested from the national registry, with the 
first five area codes of data provided at no cost.\9\ The maximum 
annual fee was capped at $7,375 for entities accessing 300 area codes 
of data or more.\10\
    On July 30, 2004, pursuant to the Implementation Act and the 
Consolidated Appropriations Act, 2004 (``the 2004 Appropriations 
Act''),\11\ the Commission issued a revised Final Rule further amending 
the TSR increasing fees on entities accessing the National Do Not Call 
Registry (``the Revised Fee Rule'').\12\ Those fees were based on the 
FTC's experience through June 1, 2004, its best estimate of the number 
of entities that would be required to pay for access to the national 
registry, and the need to raise $18 million in Fiscal Year 2004 to 
cover the costs associated with the implementation and enforcement of 
the ``do-not-call'' provisions of the Amended TSR. The Commission 
determined that the fee structure would continue to be based on the 
number of different area codes of data that an entity wished to access 
annually. The Revised Fee Rule established an annual fee of $40 for 
each area code of data requested from the national registry, with the 
first five area codes of data provided at no cost.\13\ The maximum 
annual fee was capped at $11,000 for entities accessing 280 area codes 
of data or more.\14\
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    \7\ Consolidated Appropriations Resolution, 2003, Pub. L. 108-7, 
117 Stat. 11 (2003).
    \8\ 68 FR 45134 (July 31, 2003).
    \9\ Once an entity requested access to area codes of data in the 
national registry, it could access those area codes as often as it 
deemed appropriate for one year (defined as its ``annual period''). 
If, during the course of its annual period, an entity needed to 
access data from more area codes than those initially selected, it 
would be required to pay for access to those additional area codes. 
For purposes of these additional payments, the annual period was 
divided into two semi-annual periods of six months each. Obtaining 
additional data from the registry during the first semi-annual, six 
month period required a payment of $25 for each new area code. 
During the second semi-annual, six month period, the charge for 
obtaining data from each new area code requested during that six-
month period was $15. These payments for additional data would 
provide the entity access to those additional area codes of data for 
the remainder of its annual term.
    \10\ 68 FR at 45141.
    \11\ Consolidated Appropriations Act, 2004, Pub. L. 108-199, 118 
Stat. 3 (2004).
    \12\ 69 FR 45580 (July 30, 2004).
    \13\ Id. at 45,584. The Revised Fee Rule has the same fee 
structure as the Original Fee Rule; however, fees were increased 
from $25 to $40 per area code, from $15 to $20 per area code for the 
second semi-annual six month period, and from a maximum of $7,375 to 
$11,000.
    \14\ 69 FR at 45,584.
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    In the Consolidated Appropriations Act, 2005 (``the 2005 
Appropriations Act''),\15\ Congress permitted the FTC to collect 
offsetting fees in the amount of $21.9 million in Fiscal Year 2005 to 
implement and enforce the TSR.\16\ Pursuant to the 2005 Appropriations 
Act and the Implementation Act, as well as the Telemarketing Fraud and 
Abuse Prevention Act (``the Telemarketing Act''),\17\ the FTC is 
issuing this NPRM to amend the fees charged to entities accessing the 
National Do Not Call Registry.
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    \15\ Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 
Stat. 2809 (2004).
    \16\ Id. at Division B, Title V.
    \17\ 15 U.S.C. 6101-08.
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II. Calculation of Proposed Revised Fees

    In the Original Fee Rule, the Commission estimated that 10,000 
entities would be required to pay for access to the National Do Not 
Call Registry. The Commission based its estimate on the ``best 
information available to the agency'' at that time.\18\ It noted that 
this estimate was based on ``a number of significant assumptions,'' 
about which the Commission had sought additional information during the 
comment period. The Commission noted, however, that it received 
virtually no comments providing information supporting or challenging 
these assumptions.\19\ As a result, the Commission anticipated ``that 
these fees may need to be reexamined periodically and adjusted, in 
future rulemaking proceedings, to reflect actual experience with 
operating the registry.'' \20\
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    \18\ 68 FR at 45140.
    \19\ Id.
    \20\ 68 FR at 45142.
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    In the Revised Fee Rule, the Commission reported that ``[a]s of 
June 1, 2004, more than 65,000 entities had accessed the national 
registry. More than 57,000 of those entities had accessed five or fewer 
area codes of data at no charge, and 1,100 ``exempt'' entities also 
accessed the registry at no charge. Thus, more than 7,100 entities have 
paid for access to the registry, with over 1,200 entities paying for 
access to the entire registry.'' \21\ The Commission based its 
calculation of revised fees on this experience, with the expectation 
that the number of entities accessing the registry in Fiscal Year 2004 
would be substantially the same as in Fiscal Year 2003. As in the 
Original Fee Rule, the Commission based its estimate on the best 
information available at the time, with the continuing intent to 
periodically reexamine and adjust the fees to reflect actual experience 
with operating the registry.
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    \21\ 69 FR at 45584.
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    From March 1, 2004 through February 28, 2005, more than 60,800 
entities have accessed all or part of the information in the registry. 
Approximately 1,300 of these entities are ``exempt'' and therefore have 
accessed the registry at no charge.\22\ An additional 52,700

[[Page 20850]]

entities have accessed five or fewer area codes of data, also at no 
charge. As a result, approximately 6,700 entities have paid for access 
to the registry, with slightly less than 1,100 entities paying for 
access to the entire registry.
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    \22\ The Original Fee Rule and the Revised Fee Rule stated that 
``there shall be no charge to any person engaging in or causing 
others to engage in outbound telephone calls to consumers and who is 
accessing the National Do Not Call Registry without being required 
to under this Rule, 47 CFR 64.1200, or any other federal law.'' 16 
CFR 310.8(c). Such ``exempt'' organizations include entities that 
engage in outbound telephone calls to consumers to induce charitable 
contributions, for political fund raising, or to conduct surveys. 
They also include entities engaged solely in calls to persons with 
whom they have an established business relationship or from whom 
they have obtained express written agreement to call, pursuant to 16 
CFR 310.4(b)(1)(iii)(B)(i) or (ii), and who do not access the 
national registry for any other purpose.
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    As previously stated, the Commission can collect offsetting fees in 
Fiscal Year 2005 to implement and enforce the Amended TSR.\23\ The 
Commission is proposing a revised Fee Rule to raise $21.9 million of 
fees to offset costs it expects to incur in this Fiscal Year for the 
following purposes related to implementing and enforcing the ``do-not-
call'' provisions of the Amended TSR. First, funds are required to 
operate the national registry. This includes items such as handling 
consumer registration and complaints, telemarketer access to the 
registry, state access to the registry, and the management and 
operation of law enforcement access to appropriate information. Second, 
funds are required for law enforcement efforts, including identifying 
targets, coordinating domestic and international initiatives, 
challenging alleged violators, and consumer and business education 
efforts, which are critical to securing compliance with the Amended 
TSR. Third, funds are required to cover ongoing agency infrastructure 
and administration costs, including information technology structural 
supports and distributed mission overhead support costs for staff and 
non-personnel expenses such as office space, utilities, and supplies.
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    \23\ See Consolidated Appropriations Act, 2005, Pub. L. 108-447, 
118 Stat. 2809, at Division B, Title V. The 2005 Appropriations Act 
permitted the Commission to collect offsetting fees of $21.9 million 
for those purposes.
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    The Commission proposes to revise the fees charged for access to 
the national registry based on the assumption that approximately the 
same number of entities will access similar amounts of data from the 
national registry during their next annual period.\24\ Based on that 
assumption, and the continued allowance for free access to ``exempt'' 
organizations and for the first five area codes of data, the proposed 
revised fee would be $56 per area code. The fee charged to entities 
requesting access to additional area codes of data during the second 
six months of their annual period would be $28. The maximum amount that 
would be charged to any single entity would be $15,400, which would be 
charged to any entity accessing 280 area codes of data or more.
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    \24\ Telemarketers were first able to access the national 
registry on September 2, 2003. As a result, the first year of 
operation did not conclude until August 31, 2004. Similarly, the 
second year of operation will not end until August 31, 2005. The 
Commission realizes that a small number of additional entities may 
access the national registry for the first time prior to September 
1, 2005, and should be considered in calculating the revised fees. 
In this regard, the Commission will adjust the assumptions to 
reflect the actual number of entities that have accessed the 
registry, and make the appropriate changes to the fees, at the time 
of issuance of the Final Rule.
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    The Commission proposes to continue allowing, at least for the next 
annual period, all entities accessing the national registry to obtain 
the first five area codes of data for free.\25\ The Commission allowed 
such free access in the Original Fee Rule and the Revised Fee Rule, 
``to limit the burden placed on small businesses that only require 
access to a small portion of the national registry.'' \26\ The 
Commission noted that such a fee structure was consistent with the 
mandate of the Regulatory Flexibility Act,\27\ which requires that to 
the extent, if any, a rule is expected to have a significant economic 
impact on a substantial number of small entities, agencies should 
consider regulatory alternatives to minimize such impact. As stated in 
the Original Fee Rule and the Revised Fee Rule, ``the Commission 
continues to believe that providing access to five area codes of data 
for free is an appropriate compromise between the goals of equitably 
and adequately funding the national registry, on one hand, and 
providing appropriate relief for small businesses, on the other.'' \28\ 
In addition, requiring some or all of the 52,700 entities that 
currently access five or fewer area codes from the national registry at 
no cost to pay a small fee for access would place an additional burden 
on the registry, requiring the expenditure of more resources to handle 
properly that additional traffic.
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    \25\ If all entities accessing the national registry were 
charged for the first five area codes of data, the cost per area 
code would be reduced to $37, while the maximum amount charged to 
access the entire national registry would be $10,360.
    \26\ See 68 FR at 45,140 and 69 FR at 45582.
    \27\ 5 U.S.C. 601.
    \28\ See 68 FR at 45141 and 69 FR at 45584. The Commission 
further stated that ``[m]ost of these entities--realtors, car 
dealers, community-based newspapers, and other small businesses--are 
precisely the type of businesses which the Regulatory Flexibility 
Act requires the agency to consider when adopting regulations.'' See 
69 FR at 45583. Also see the discussion regarding the ``Regulatory 
Flexibility Act'' in Section VI of this Notice.
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    While the Proposed Rule provides free access to a small portion of 
the national registry, the Commission continues to seek comment on 
other alternatives that would balance the burdens faced by small 
businesses with the need to raise appropriate fees to fund the registry 
in a more equitable manner. Because the implementation and enforcement 
costs are borne by a small percentage of entities that access the 
registry, the Commission is particularly interested in comments 
addressing the propriety of changing or eliminating the number of area 
codes for which there is no charge, and the impact, if any, on entities 
that access the registry, including small businesses.\29\ In addition, 
the Commission notes that the cost of accessing data in the registry is 
relatively modest. For example, if the fee was $37 per area code, and 
no area codes were offered for free, the total fee for a full year of 
access to five area codes of data would be $185. In this regard, given 
the modest nature of the fees, along with the increasing burden borne 
by those organizations that do pay for access, the Commission is 
especially interested in comments addressing the nature and type of 
entities that are accessing five or fewer area codes at no cost, 
whether these entities are primarily the types of businesses which the 
Regulatory Flexibility Act requires the agency to consider when 
adopting regulations, and whether such businesses need access to one, 
two, three, four, or five area codes.
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    \29\ As noted in footnote 25, if the Commission offered no area 
codes for free, the proposed fee would be $37 per area code, up to a 
maximum of $10,360. In addition, if the Commission offered (a) One 
area code for free, the fee would be $41 per area code, up to a 
maximum of $11,439; (b) two area codes for free, the fee would be 
$45 per area code, up to a maximum of $12,510; (c) three area codes 
for free, the fee would be $49 per area code, up to a maximum of 
$13,573; and (d) four area codes for free, the fee would be $53 per 
area code, up to a maximum of $14,628.
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    Currently, approximately 19,000 entities access five free area 
codes. The Commission invites comment on whether any changes in the 
number of free area codes would affect an entity's business practices, 
including whether an entity would choose not to access an area code if 
it had to pay for that area code or whether the entity would pay to 
continue accessing that area code.
    The Commission also proposes to continue allowing ``exempt'' 
organizations, as discussed in footnote 22, above, to obtain free 
access to the national registry. The Commission believes that any 
exempt entity, voluntarily accessing the national

[[Page 20851]]

registry to avoid calling consumers who do not wish to receive 
telemarketing calls, should not be charged for such access. Charging 
such entities access fees, when they are under no legal obligation to 
comply with the ``do-not-call'' requirements of the TSR, may make them 
less likely to obtain access to the national registry in the future, 
resulting in an increase in unwanted calls to consumers. As with free 
access to five or fewer area codes, the Commission seeks comment on 
this issue as well.

III. Invitation To Comment

    All persons are hereby given notice of the opportunity to submit 
written data, views, facts, and arguments addressing the issues raised 
by this Notice. All comments should be filed as prescribed in the 
ADDRESSES section above, and must be received by June 1, 2005.

IV. Communications by Outside Parties to Commissioners or Their 
Advisors

    Written communications and summaries or transcripts of oral 
communications respecting the merits of this proceeding from any 
outside party to any Commissioner or Commissioner's advisor will be 
placed on the public record. See 16 CFR 1.26(b)(5).

V. Paperwork Reduction Act

    Pursuant to the Paperwork Reduction Act,\30\ the Office of 
Management and Budget (``OMB'') has approved the information collection 
requirements in the Revised Fee Rule and assigned OMB Control Number 
3084-0097. The proposed rule amendment, as discussed above, provides 
for an increase in the fees that are charged for accessing the National 
Do Not Call Registry. Therefore, the proposed rule amendment does not 
create any new recordkeeping, reporting, or third-party disclosure 
requirements that would be subject to review and approval by OMB 
pursuant to the Paperwork Reduction Act.
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    \30\ 44 U.S.C. 3501-3520.
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VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''),\31\ requires an agency 
either to provide an Initial Regulatory Flexibility Analysis (``IRFA'') 
with a proposed rule, or certify that the proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
The FTC does not expect that the rule concerning revised fees will have 
the threshold impact on small entities. As discussed in Section II, 
above, this NPRM specifically proposes charging no fee for access to 
data included in the registry from one to five area codes. As a result, 
the Commission anticipates that many small businesses will be able to 
access the national registry without having to pay any annual fee. 
Thus, it is unlikely that there will be a significant burden on small 
businesses resulting from the adoption of the proposed revised fees. 
Nonetheless, the Commission has determined that it is appropriate to 
publish an IRFA in order to inquire into the impact of this proposed 
rule on small entities. Therefore, the Commission has prepared the 
following analysis.
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    \31\ 5 U.S.C. 604(a).
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A. Reasons for the Proposed Rule

    As outlined in Section II, above, the Commission is proposing to 
amend the fees charged to entities accessing the national registry in 
order to raise sufficient amounts to offset the current year costs to 
implement and enforce the Amended TSR.

B. Statement of Objectives and Legal Basis

    The objective of the current proposed rule is to collect sufficient 
fees from entities that must access the National Do Not Call Registry. 
The legal authority for this NPRM is the 2005 Appropriations Act, the 
Implementation Act, and the Telemarketing Act.

C. Description of Small Entities to Which the Rule Will Apply

    The Small Business Administration has determined that 
``telemarketing bureaus'' with $6 million or less in annual receipts 
qualify as small businesses.\32\ Similar standards, i.e., $6 million or 
less in annual receipts, apply for many retail businesses which may be 
``sellers'' and subject to the proposed revised fee provisions outlined 
in this NPRM. In addition, there may be other types of businesses, 
other than retail establishments, that would be ``sellers'' subject to 
the proposed rule.
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    \32\ See 13 CFR 121.201.
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    As described in Section II, above, more than 52,700 entities have 
accessed five or fewer area codes of data from the national registry at 
no charge. While not all of these entities may qualify as small 
businesses, and some small businesses may be required to purchase 
access to more than five area codes of data, the Commission believes 
that this is the best estimate of the number of small entities that 
would be subject to the proposed revised fee rule. The Commission 
invites comment on this issue, including information about the number 
and type of small business entities that may be subject to the revised 
fees.

D. Projected Reporting, Recordkeeping and Other Compliance Requirements

    The information collection activities at issue in this NPRM consist 
principally of the requirement that firms, regardless of size, that 
access the national registry submit minimal identifying and payment 
information, which is necessary for the agency to collect the required 
fees. The cost impact of that requirement and the labor or professional 
expertise required for compliance with that requirement were discussed 
in section V of the Revised Fee NPRM.\33\
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    \33\ See 69 FR at 23,704.
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    As for compliance requirements, small and large entities subject to 
the revised fee rule will pay the same rates to obtain access to the 
National Do Not Call Registry in order to reconcile their calling lists 
with the phone numbers maintained in the national registry. As noted 
earlier, however, compliance costs for small entities are not 
anticipated to have a significant impact on small entities, to the 
extent the Commission believes that compliance costs for those entities 
will be largely minimized by their ability to obtain data for up to 
five area codes at no charge.

E. Duplication With Other Federal Rules

    None.

F. Discussion of Significant Alternatives

    The Commission recognizes that alternatives to the proposed revised 
fee are possible.\34\ For example, instead of a fee based on the number 
of area codes that a telemarketer accesses from the national registry, 
access could be provided on the basis of a flat fee regardless of the 
number of area codes accessed. The Commission believes, however, that 
these alternatives would likely impose greater costs on small 
businesses, to the extent they are more likely to access fewer area 
codes than larger entities.
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    \34\ See the discussion and request for comments in Section II 
of this Notice.
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    Another alternative the Commission has considered entails providing 
small businesses with free access to the national registry.\35\ The 
Commission continues to believe, however, ``an alternative approach 
that would provide small business with exemptive relief more directly 
tied to size status would not balance the private and public interests 
at stake any more equitably or reasonably than the approach currently

[[Page 20852]]

proposed by the Commission.'' \36\ The Commission also continues to 
believe that ``such a system would present greater administrative, 
technical, and legal costs and complexities than the Commission's 
current proposal which does not require any proof or verification of 
that status.'' \37\
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    \35\ See 69 FR at 45,583. See also, 68 FR at 16,243 n.53.
    \36\ See 68 FR at 16,243 n.53.
    \37\ Id.
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    Another alternative would be reducing the current number of free 
area codes, but this approach might, among other things, require 
additional expenditures to process and service an increased number of 
paid subscriptions. In any event, reducing the number of free area 
codes may increase, rather than decrease, compliance costs for small 
businesses, if they had to pay for certain area codes that they can 
currently access for free.
    Accordingly, the Commission believes its current proposal balances 
the interests of reducing the burden for small businesses to the 
greatest extent possible, while achieving the goal of covering the 
necessary costs to implement and enforce the Amended TSR.
    Despite these conclusions, the Commission welcomes comment on any 
significant alternatives that would further minimize the impact on 
small entities, consistent with the objectives of the Telemarketing 
Act, the 2005 Appropriations Act, and the Implementation Act.

List of Subjects in 16 CFR Part 310

    Telemarketing, Trade practices.

VII. Proposed Rule

    Accordingly, for the reasons stated in the preamble, the Federal 
Trade Commission proposes to amend part 310 of title 16 of the Code of 
Federal Regulations as follows:

PART 310--TELEMARKETING SALES RULE

    1. The authority citation for part 310 continues to read as 
follows:

    Authority: 15 U.S.C. 6101-6108.

    2. Revise Sec.  310.8(c) and (d) to read as follows:


Sec.  310.8  Fee for access to the National Do Not Call Registry.

* * * * *
    (c) The annual fee, which must be paid by any person prior to 
obtaining access to the National Do Not Call Registry, is $56 per area 
code of data accessed, up to a maximum of $15,400; provided, however, 
that there shall be no charge for the first five area codes of data 
accessed by any person, and provided further, that there shall be no 
charge to any person engaging in or causing others to engage in 
outbound telephone calls to consumers and who is accessing the National 
Do Not Call Registry without being required under this Rule, 47 CFR 
64.1200, or any other federal law. Any person accessing the National Do 
Not Call Registry may not participate in any arrangement to share the 
cost of accessing the registry, including any arrangement with any 
telemarketer or service provider to divide the costs to access the 
registry among various clients of that telemarketer or service 
provider.
    (d) After a person, either directly or through another person, pays 
the fees set forth in Sec.  310.8(c), the person will be provided a 
unique account number which will allow that person to access the 
registry data for the selected area codes at any time for twelve months 
following the first day of the month in which the person paid the fee 
(``the annual period''). To obtain access to additional area codes of 
data during the first six months of the annual period, the person must 
first pay $56 for each additional area code of data not initially 
selected. To obtain access to additional area codes of data during the 
second six months of the annual period, the person must first pay $28 
for each additional area code of data not initially selected. The 
payment of the additional fee will permit the person to access the 
additional area codes of data for the remainder of the annual period.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05-8044 Filed 4-21-05; 8:45 am]
BILLING CODE 6750-01-P