[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Rules and Regulations]
[Pages 75070-75071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24210]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; CG Docket No. 05-338; FCC 05-206]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission released an Order delaying until January 9, 
2006, the effective date of the Commission's rule requiring the sender 
of a facsimile advertisement to obtain the recipient's express 
permission in writing. The Junk Fax Prevention Act of 2005 was 
subsequently signed into law amending section 227 of the Communications 
Act of 1934 relating to unsolicited facsimile advertisements and 
requiring this Commission to issue regulations to implement the 
statute. Therefore, this document extends the stay of the Commission's 
existing facsimile advertising rules, until the conclusion of the 
Commission's rulemaking.

DATES: The effective date of Sec.  64.1200(a)(3)(i), published at 68 FR 
44144, July 25, 2003, is delayed until further notice published in the 
Federal Register.

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

FOR FURTHER INFORMATION CONTACT: Erica McMahon or Richard Smith, 
Consumer & Governmental Affairs Bureau, (202) 418-2512.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
CG Docket Nos. 02-278 and 05-338, FCC-05-206, adopted and released 
December 9, 2005. The Order further delays the effective date of a rule 
initially adopted in Rules and Regulations Implementing the Telephone 
Consumer Protection Act of 1991, Report and Order, (2003 TCPA Order), 
CG Docket No. 02-278, FCC 03-153, released July 3, 2003; published at 
68 FR 44144, July 25, 2003. In association with this Order, the 
Commission released a NPRM, FCC 05-206, adopted and released December 
9, 2005, that proposes amendments to its unsolicited facsimile 
advertising rules and seeks comment on related aspects of those rules. 
The NPRM also opens a new docket--CG Docket No. 05-338--for all filings 
in response to this document and those addressing the facsimile 
advertising rules generally.
    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, it does not contain new or 
modified ``information collection burdens for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4). 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, 
Room CY-A257, 445 12th Street, SW., Washington, DC 20054. The complete 
text of this decision may be purchased from the Commission's 
duplicating contractor at Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554. Customers may contact the Commission's 
contractor at their Web site: 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/policy.

Synopsis

    On June 27, 2005, the Commission released an order, CG Docket No. 
02-278, published at 70 FR 37705, delaying until January 9, 2006, the 
effective date of the Commission's determination that an established 
business relationship (EBR) will no longer be sufficient to show that 
an individual or business has given its permission to receive 
unsolicited facsimile advertisements. Consistent with the Junk Fax 
Prevention Act of 2005, the Commission extends the stay of the 
Commission's existing facsimile advertising rules until the conclusion 
of this rulemaking. Specifically, the Commission delays until the 
conclusion of this rulemaking, the effective date of: (1) The 
Commission's prior determination that an EBR will no longer be 
sufficient to show that an individual or business has given prior 
express permission to receive an unsolicited facsimile advertisement; 
(2) Sec.  64.1200(a)(3)(i) of the Commission's rules, which requires a 
person or entity sending a facsimile advertisement to obtain a prior 
signed, written statement as evidence of a facsimile recipient's 
permission to receive the advertisement; and (3) the rule establishing 
the duration of an EBR as applied to the sending of unsolicited 
facsimile advertisements.

Regulatory Flexibility Act Analysis

    The Commission notes that no Final Regulatory Flexibility Analysis 
is necessary for this Order. The Commission is not making any changes 
to the Commission's rules; rather, we are simply delaying the effective 
date of a rule.

Congressional Review Act

    The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of particular applicability.

Ordering Clauses

    Pursuant to the authority contained in 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 Junk Fax Prevention Act of 2005, and Sec.  
64.1200 of the Commission's rules, 47 CFR 64.1200 and 64.2401, this 
Order in CG Docket 02-278 and 05-338 is adopted.

[[Page 75071]]

    The Commission's Consumer & Governmental Affairs Bureau, Reference 
Information Center, Shall send a copy of the Order to the Chief Counsel 
for Advocacy of the Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-24210 Filed 12-16-05; 8:45 am]
BILLING CODE 6712-01-P