Federal Register, Volume 75 Issue 125 (Wednesday, June 30, 2010)

[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37803-37804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15950]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 02-278; DA 10-997]


Consumer & Governmental Affairs Bureau Seeks Comment on a 
Petition for Expedited Clarification and Declaratory Ruling, Filed by 
Global Tel*Link Corporation (Global Tel), Concerning Applicability of 
the Telephone Consumer Protection Act and Federal Communications 
Commission Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission seeks comment on Global 
Tel*Link Corporation's Petition for Expedited Clarification and 
Declaratory ruling concerning applicability of the Telephone Consumer 
Protection Act and its rules. Specifically, Global Tel asks the 
Commission to declare that the TCPA and associated FCC rules are 
inapplicable to Global Tel's use of automatic notifications before 
completing calls to certain persons dialed by prison inmates.

DATES: Comments are due on or before July 15, 2010. Reply comments are 
due on or before July 26, 2010.

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://fjallfoss.fcc.gov/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 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 FCC 
continues to experience delays in receiving U.S. Postal Service mail). 
All filings must be addressed to the Commission's Secretary, Marlene H. 
Dortch, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
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 March 4, 2010, Global Tel*Link 
Corporation (Global Tel) filed a Petition for Expedited Clarification 
and Declaratory Ruling regarding applicability of the Telephone 
Consumer Protection Act (TCPA) and Federal Communications Commission 
(FCC or Commission) rules to its calling practices.
    See Petition for Expedited Clarification and Declaratory Ruling, 
filed by Global Tel*Link Corporation on March 4, 2010 (Petition). The 
TCPA, Public Law 102-243, 105 Stat. 2394 (1991), is codified at 47 
U.S.C. 227.
    This is a summary of the Commission's Public Notice DA 10-997, 
which seeks comment on Global Tel's petition. Pursuant to 47 CFR 1.415 
and 1.419 of the Commission's rules, interested parties may file 
comments and reply comments 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 Sec.  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 Sec.  1.1206(b) of the Commission's rules, 47 CFR 
1.1206(b).
    The full text of document DA 10-997 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 10-997 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 10-997 and any 
subsequently filed documents in this matter may be found by searching 
ECFS at http://fjallfoss.fcc.gov/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 10-997 can also be downloaded in Word or Portable Document 
Format (PDF) at: http://www.fcc.gov/cgb/policy/.

Synopsis

    On March 4, 2010, Global Tel*Link Corporation (Global Tel) filed a 
Petition for Expedited Clarification and Declaratory Ruling regarding 
applicability of the Telephone Consumer Protection Act (TCPA) and 
Federal Communications Commission (FCC or Commission) rules to its 
calling practices. Specifically, Global Tel asks the Commission to 
declare that the TCPA and associated FCC rules are inapplicable to 
Global Tel's use of automatic notifications before

[[Page 37804]]

completing calls to certain persons dialed by prison inmates.
    According to the Petition, correctional facilities contract with 
Global Tel to provide out-bound communication services for incarcerated 
persons. When an inmate without a pre-paid calling card or debit 
calling account sanctioned by the correctional facility attempts to 
call an individual for the first time, and that individual is not 
served by a local exchange carrier with which Global Tel has a billing 
arrangement or the inmate has dialed a called party's cell phone, the 
call cannot be completed unless and until a billing arrangement with 
the called party is established. Once the inmate dials the desired 
number, Global Tel captures the number and initiates an automated 
interactive voice response notification to inform the called party that 
an incarcerated person is attempting to contact him or her and the 
called party must establish an account in order to receive the call. 
Global Tel makes three attempts to notify the called party to establish 
an account to receive inmate calls. Without the relief requested in the 
Petition, according to Global Tel, it is exposed to risk of unnecessary 
litigation from persons bringing private actions under the TCPA.
    In relevant part, the TCPA regulates the use of automated telephone 
equipment. Section 227(b)(1)(B) of the TCPA makes it unlawful to place 
a non-emergency telephone call to a residential line ``using an 
artificial or prerecorded voice'' without the recipient's consent 
unless the call is ``exempted by rule or order of the Commission under 
paragraph (2)(B).'' Paragraph (2)(B), in turn, authorizes the 
Commission to enact limited exemptions from this ban, including an 
exemption for calls ``that are not made for a commercial purpose'' or 
``do not include the transmission of any unsolicited advertisement.'' 
Further, section 227(b)(1)(A) of the TCPA prohibits the use of any 
automatic telephone dialing system or an artificial or prerecorded 
voice to call any telephone number assigned to a cellular telephone 
service absent an emergency purpose or the ``prior express consent of 
the called party.'' Section 227(b)(2)(C) gives the Commission authority 
to exempt from this prohibition only those ``calls to a telephone 
number assigned to a cellular telephone service that are not charged to 
the called party, subject to such conditions as the Commission may 
prescribe as necessary in the interest of the privacy rights the 
provision is intended to protect.''
    Global Tel presents several arguments to support its request for a 
declaratory ruling. First, Global Tel argues that the automated 
notification calls that it places to inform a called party that an 
incarcerated person has dialed the party's telephone number and that a 
payment account is required to receive the call are not solicitation or 
telemarketing calls, but instead simply inform a called party how to 
establish an account for the purpose of receiving calls from an inmate. 
Global Tel asserts its notification calls should be exempt pursuant to 
section 227(b)(2)(B) of the TCPA because the calls are not made for a 
commercial purpose and do not transmit an unsolicited advertisement. 
Global Tel further asserts that the Commission's ruling that autodialed 
and prerecorded message 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 makes its prerecorded message calls to parties called by 
inmates permissible. Global Tel contends that the inmate possesses the 
prior express consent of the called party to be contacted at the number 
provided. Global Tel states that its interactive voice recognition 
platform is neither a predictive dialer nor a form of autodialing as 
contemplated by the TCPA. Lastly, Global Tel argues that although the 
TCPA should not apply to its notification calls and practices, these 
calls and practices meet the technical and procedural standards for 
artificial or prerecorded voice systems set forth in section 227(d)(3) 
of the TCPA.

Federal Communications Commission.
Colleen Heitkamp,
Division Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2010-15950 Filed 6-29-10; 8:45 am]
BILLING CODE 6712-01-P