[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Rules and Regulations]
[Pages 43354-43355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17064]


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FEDERAL TRADE COMMISSION

16 CFR Part 310

RIN: 3084-AA98


Telemarketing Sales Rule Fees

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission (the ``Commission'' or ``FTC'') 
is amending its Telemarketing Sales Rule (``TSR'') by updating the fees 
charged to entities accessing the National Do Not Call Registry (``the 
Registry'') so that they conform to the fee structure specified in the 
recently enacted Do-Not-Call Registry Fee Extension Act of 2007.

[[Page 43355]]


DATES: Effective Date: This amendment will become effective on October 
1, 2008.

ADDRESSES: Requests for copies of this document should be sent to: 
Public Reference Branch, Federal Trade Commission, Room 130, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Copies of this document 
are also available on the Internet at the Commission's Web site: http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Kelly A. Horne, (202) 326-3031, 
Division of Planning & Information, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: To comply with the Do-Not-Call Registry Fee 
Extension Act of 2007 (Pub. L. 110-188, 122 Stat. 635) (``Act''), the 
Commission is revising the Final Amended Fee Rule in the following 
manner: The revised rule decreases the annual fee for access to the 
Registry for each area code of data to $54 per area code, or $27 per 
area code of data during the second six months of an entity's annual 
subscription period. The maximum amount that would be charged to any 
single entity for accessing area codes of data is decreased to $14,850. 
The revised rule retains the provisions regarding free access to the 
first five area codes of data by all entities, as well as free access 
by ``exempt'' organizations. As required by the Act, it expands the 
definition of ``exempt'' organizations to include any person permitted 
to access, but not required to access, the do-not-call registry, not 
only under the TSR, the Federal Communication Commission's do-not-call 
rules found at 47 CFR 64.1200, or any other Federal law, but also under 
any other Federal regulation.
    Additionally, in accordance with the Act, beginning after fiscal 
year 2009, the dollar amounts charged shall be increased by an amount 
equal to the amounts specified in the Final Amended Fee Rule, whichever 
fee is applicable, multiplied by the percentage (if any) by which the 
average of the monthly consumer price index (for all urban consumers 
published by the Department of Labor) (``CPI'') for the most recently 
ended 12-month period ending on June 30 exceeds the CPI for the 12-
month period ending June 30, 2008. Any increase shall be rounded to the 
nearest dollar. There shall be no increase in the dollar amounts if the 
change in the CPI is less than 1 percent. The adjustments to the 
applicable fees, if any, shall be published in the Federal Register no 
later than September 1 of each year.

Administrative Procedure Act; Regulatory Flexibility Act; Paperwork 
Reduction Act

    The revisions to the Fee Rule are technical in nature and merely 
incorporate statutory changes to the TSR. These statutory changes have 
been adopted without change or interpretation at this time, making 
public comment unnecessary. Therefore, the Commission has determined 
that the notice and comment requirements of the Administrative 
Procedure Act do not apply. See 5 U.S.C. 553(b). For this reason, the 
requirements of the Regulatory Flexibility Act also do not apply. See 5 
U.S.C. 603, 604.
    Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, the 
Office of Management and Budget (``OMB'') approved the information 
collection requirements in the Amended TSR and assigned the following 
existing OMB Control Number: 3084-0097. The amendments outlined in this 
Final Rule pertain only to the fee provision (sec. 310.8) of the 
Amended TSR and will not establish or alter any recordkeeping, 
reporting, or third-party disclosure requirements elsewhere in the 
Amended TSR.

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Accordingly, the Federal Trade Commission amends part 310 of title 16 
of the Code of Federal Regulations as follows:

PART 310--TELEMARKETING SALES RULE

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

    Authority: 15 U.S.C. 6101-6108; 15 U.S.C. 6151-6155.


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2. Revise Sec. 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 $54 for each 
area code of data accessed, up to a maximum of $14,850; provided, 
however, that there shall be no charge to any person for accessing the 
first five area codes of data, 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 area codes 
of data in the National Do Not Call Registry if the person is permitted 
to access, but is not required to access, the National Do Not Call 
Registry under this Rule, 47 CFR 64.1200, or any other Federal 
regulation or 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) Each person who pays, either directly or through another 
person, the annual fee set forth in Sec.  310.8(c), each person 
excepted under Sec.  310.8(c) from paying the annual fee, and each 
person excepted from paying an annual fee under Sec.  
310.4(b)(1)(iii)(B), will be provided a unique account number that will 
allow that person to access the registry data for the selected area 
codes at any time for the twelve month period beginning on 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, each person required to pay the 
fee under Sec.  310.8(c) must first pay $54 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, 
each person required to pay the fee under Sec.  310.8(c) must first pay 
$27 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. E8-17064 Filed 7-24-08; 8:45 am]
BILLING CODE 6750-01-P