[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11581-11582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5823]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 02-278; DA 09-542]


Consumer and Governmental Affairs Bureau Seeks Comment on Paul 
D.S. Edwards Petition for Expedited Clarification and Declaratory 
Ruling Concerning the Telephone Consumer Protection Act (TCPA) Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission seeks comment on a petition 
for an expedited clarification and declaratory ruling, filed by Paul 
D.S. Edwards (Edwards), asking whether a creditor may place autodialed 
or prerecorded message calls to a telephone number associated with 
wireless service that was provided to the creditor initially as a 
telephone number associated with landline service.

DATES: Comments are due on or before April 2, 2009. Reply comments are 
due on or before April 13, 2009.

ADDRESSES: Interested parties may submit comments and reply comments 
identified by [CG Docket No. 02-278], by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic comment 
Filing System (ECFS), through the Commission's Web site: http://www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on 
the Web site for submitting comments.
     For ECFS filers, in completing the transmittal screen, 
filers should include their full name, U.S. Postal Service mailing 
address, and the applicable docket number, which in this instance is 
[CG Docket No. 02-278]. Parties may also submit an electronic comment 
by Internet e-mail. To get filing instructions, filers should send an 
e-mail to [email protected], and include the following words in the body of 
the message, ``get form .'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and

[[Page 11582]]

four copies of each filing. Filings can be sent by hand or messenger 
delivery, by commercial overnight courier, or by first-class or 
overnight U.S. Postal Service mail (although the Commission continues 
to experience delays in receiving U.S. Postal Service mail). All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered filings 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 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, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Karen Johnson, Consumer and 
Governmental Affairs Bureau, Policy Division, at (202) 418-7706 
(voice), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: On January 12, 2009, Edwards filed a 
petition for expedited clarification and declaratory ruling concerning 
the Telephone Consumer Protection Act. See Petition for Expedited 
Clarification, filed by Paul D. S. Edwards, January 12, 2009 
(Petition). This is a summary of the Commission's Public Notice DA 09-
542. Pursuant to 47 CFR 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments and reply comments on Edwards's 
Petition on or before the dates indicated above. This proceeding shall 
be treated as a permit-but-disclose proceeding under the ex parte 
rules, which are codified at 47 CFR 1.1200(a) and 1.1206. Therefore, ex 
parte presentations will be allowed but must be disclosed in accordance 
with the requirements of 1.1206(b) of the Commission's Rules, 47 CFR 
1.1206(b). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentations must contain summaries of the 
substance 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-disclose proceedings are set forth in 1.1206(b) of the Commission's 
rules, 47 CFR 1.1206(b).
    The full text of document DA 09-542 and 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. Document DA 09-542 and any subsequently filed 
documents in this matter may also be purchased from the Commission's 
duplicating contractor at the contractor's Web site, www.bcpiweb.com, 
or by calling (800) 378-3160. Furthermore, document DA 09-542 and any 
subsequently filed documents in this matter, and a copy of the 
underlying Petition may be found by searching ECFS at http://www.fcc.gov/cgb/ecfs (insert [CG Docket No. 02-278] into the Proceeding 
block).
    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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). 
Document DA 09-542 can also be downloaded in Word or Portable Document 
Format (PDF) at: http://www.fcc.gov/cgb/policy/headlines.html.

Synopsis

    On January 12, 2009, Edwards filed a petition for an expedited 
clarification and declaratory ruling regarding the Commission's rules 
under the TCPA. Specifically, Edwards asks the Commission to clarify 
whether a creditor may place autodialed or prerecorded message calls to 
a telephone number associated with wireless service that was provided 
to the creditor initially as a telephone number associated with 
landline service. Section 64.1200(a)(1)(iii) of the Commission's rules 
prohibits the initiation of ``any telephone call (other than a call 
made for emergency purposes or made with the prior express consent of 
the called party) using an automatic telephone dialing system or an 
artificial or prerecorded voice, to any telephone number assigned to * 
* * cellular telephone service. * * *'' The Commission concluded that 
such calls to wireless numbers that are provided by the called party to 
a creditor in connection with an existing debt are permissible as calls 
made with the ``prior express consent'' of the called party.
    Edwards asserts that the Commission's ruling permits debt 
collection calls to a wireless telephone number only when the consumer, 
in that instance, provides the wireless telephone number to the 
creditor. Edwards contends that when the creditor is initially provided 
a ``landline'' telephone number, and subsequently that ``landline'' 
number is ported to a cellular telephone, an established business 
relationship, ``prior express consent,'' or other exemption from 
section 227(b)(1)(A)(iii) of the TCPA is not created. Edwards concludes 
that compliance with the TCPA requires that the consumer must have 
provided the creditor a telephone number assigned to a wireless service 
in order for calls to the wireless telephone number to be permissible. 
Accordingly, the Commission seeks comment on Edwards's petition.

Federal Communications Commission.
Erica McMahon,
Division Chief, Consumer and Governmental Affairs Bureau.
 [FR Doc. E9-5823 Filed 3-17-09; 8:45 am]
BILLING CODE 6712-01-P