[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37705-37706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13025]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64

[CG Docket No. 02-278, FCC 05-132]


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 delays until January 9, 2006, 
the effective date of the rule requiring the sender of a facsimile 
advertisement to 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 January 9, 2006.

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 05-132, adopted on June 27, 2005 and 
released on June 27, 2005. 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 email 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 delayed until 
January 1, 2005, the effective date of these amended requirements. On 
September 15, 2004, the Commission adopted an Order (69 FR 62816, 
October 28, 2004) further extending the stay of the effective date of 
the requirements through June 30, 2005. On April 15, 2005, the Fax Ban 
Coalition (Coalition) filed a petition urging the Commission to further 
delay the effective date of the revised rules governing unsolicited 
facsimile advertisements through December 31, 2005. The Coalition 
maintains that a further delay is warranted to avoid irreparable injury 
to the members of the Coalition and negative impact on the economy. The 
Coalition also argues that delay is important while Congress considers 
legislation to amend the TCPA and the Commission considers petitions 
for reconsideration and requests for clarification.
    We now further delay, until January 9, 2006, 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

[[Page 37706]]

advertisements may be sent and clearly indicates the recipient's 
consent to receive such facsimile advertisements from the sender. In 
light of the on-going developments in Congress and pending resolution 
of the petitions for reconsideration and clarification of the 
Commission's facsimile advertising rules, we believe the public 
interest would best be served by delaying the effective date of the 
written consent requirement. This delay will provide the Commission 
requisite time to address the petitions for reconsideration filed on 
these issues. For these same reasons, until January 9, 2006, 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.

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, 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 Further Extension of Stay is 
granted to the extent discussed herein.
    The effective date for: (1) 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; (2) the 18-month and 
three month limitations on the duration of the established business 
relationship as applied to the sending of facsimile advertisements as 
described above; and (3) 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 January 9, 2006, 
and that the Order is effective upon publication in the Federal 
Register.
    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. 05-13025 Filed 6-29-05; 8:45 am]
BILLING CODE 6712-01-P