[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Proposed Rules]
[Pages 37362-37367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15119]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 64
[CG Docket No. 12-129; FCC 12-56]
Implementation of the Middle Class Tax Relief and Job Creation
Act of 2012; Establishment of a Public Safety Answering Point Do-Not-
Call Registry
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission initiates a proceeding to
create a Do-Not-Call registry for public safety answering points
(PSAPs) as required by the ``Middle Class Tax Relief and Job Creation
Act of 2012'' (Tax Relief Act). Specifically, section 6507 of the Tax
Relief Act requires the Commission, among other things, to establish a
registry that allows PSAPs to register telephone numbers on a Do-Not-
Call list and prohibit the use of automatic dialing equipment to
contact those numbers. Therefore, the Commission seeks comment on a
variety of issues relating to the establishment and ongoing management
of the PSAP registry. The proposed rules are designed to address
concerns about the use automatic dialing equipment, which can generate
large numbers of phone calls in a short period of time, tie up public
safety lines, divert critical responder resources away from emergency
services, and impede access by the public to emergency lines.
DATES: Interested parties may file comments on or before July 23, 2012.
Reply comments are due on or before August 6, 2012.
ADDRESSES: You may submit comments, identified by CG Docket No. 12-129,
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/ecfs2/. 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 CG Docket No. 12-129.
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 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.
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
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes 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 must be addressed to 445 12th Street SW., Washington,
DC 20554.
In addition, parties must serve one copy of each pleading with the
Commission's duplicating contractor, Best Copy and Printing, Inc., 445
12th Street SW., Room CY-B402, Washington, DC 20554, or via email to
[email protected].
For detailed instructions for submitting comments and additional
[[Page 37363]]
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Richard D. Smith, Consumer and
Governmental Affairs Bureau, Policy Division, at (717) 338-2797
(voice), or email [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), FCC 12-56, adopted on May 21, 2012, and
released on May 22, 2012, in CG Docket No. 12-129. The full text of the
NPRM and copies of any subsequently filed documents in this matter will
be available for public inspection and copying via ECFS, and during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. They may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402,
Washington, DC 20554, telephone: (202) 488-5300, fax: (202) 488-5300,
or Internet: www.bcpiweb.com. This document can also be downloaded in
Word or Portable Document Format (``PDF'') at http://www.fcc.gov/document/fcc-initiates-proceeding-create-public-safety-do-not-call-registry. 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 and Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).
Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as
a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. Persons making ex parte presentations must
file a copy of any written presentation or a memorandum summarizing any
oral presentation within two business days after the presentation
(unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must: (1) List all persons
attending or otherwise participating in the meeting at which the ex
parte presentation was made; and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda, or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b) of the Commission's rules. In
proceedings governed by Sec. 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules. People with disabilities: 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 and Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
Initial Paperwork Reduction Act of 1995
The NPRM seeks comment on potential new information collection
requirement. If the Commission adopts any new information collection
requirements, the Commission will publish another notice in the Federal
Register inviting the public to comment on the requirements, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. 3501-3520). In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), the Commission seeks comment on how it might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
Synopsis
1. In the NPRM, the Commission proposes rules to create a
specialized Do-Not-Call registry for PSAPs and prohibit the use of
automatic dialing equipment to contact those numbers pursuant to the
requirements of section 6507 of the Tax Relief Act. Specifically, the
Commission seeks comment on the most efficient means of establishing a
PSAP Do-Not-Call registry, the process for accessing the registry by
operators of automatic dialing equipment, safeguards to protect the
registry from unauthorized disclosure or dissemination, rules to
prohibit the use of automatic dialing equipment to contact numbers on
the registry, and the enforcement provisions contained in section
6507(c) of the Tax Relief Act. In particular, the Commission seeks
comment on the costs and benefits of the proposals, including from
interested parties that have experience with the National Do-Not-Call
registry.
Establishment of a PSAP Do-Not-Call Registry
2. The Commission proposes to create a PSAP Do-Not-Call registry
and seek comment on the structure and operation of the proposed
registry. Specifically, the Commission seeks comment on the most
efficient means of establishing a PSAP Do-Not-Call registry, the
process for accessing the registry by operators of automatic dialing
equipment, safeguards to protect the registry from unauthorized
disclosure or dissemination, rules to prohibit the use of automatic
dialing equipment to contact numbers on the registry, and the
enforcement provisions contained in section 6507(c) of the Tax Relief
Act. In particular, the Commission seeks comment on the costs and
benefits of the proposals to implement the various provisions of
section 6507.
3. The Commission proposes that PSAPs should be given substantial
discretion to designate which numbers to include on the PSAP Do-Not-
Call registry so long as they are associated with the provision of
emergency services or communications with other public safety agencies.
In addition, the Commission proposes that secondary PSAPs should also
be permitted to place numbers on the registry. Secondary PSAPs are also
vulnerable to autodialed calls in the same way as primary PSAPs.
4. The Commission seeks comment on the best and most efficient way
to acquire and verify the PSAP numbers that will be entered into the
registry. Are there ways to compile these numbers in an aggregate form
from states or localities to minimize burdens on the PSAPs and the
administrator of the registry?
5. Alternatively, should individual PSAPs register the telephone
numbers that they wish to include on the registry? If so, what is the
best method for PSAPs to transmit such numbers for inclusion on the
registry? Who should be authorized to submit the telephone numbers to
be entered into the registry on behalf of a PSAP? The Commission notes
that section 6507(b)(1) of the Tax Relief Act makes reference to
``verified'' PSAP ``administrators or managers.'' What manner of PSAP
employee should constitute an ``administrator or
[[Page 37364]]
manager'' for purposes of this provision?
6. The Commission seeks comment on the most efficient and effective
way to establish and maintain the PSAP Do-Not-Call registry. As noted
throughout this Notice, the FTC has administered through a contractor
the National Do-Not-Call registry for nearly a decade. The Commission
seeks comment on whether and, if so, to what extent, the FTC's approach
is a useful and cost effective model for the PSAP registry. The
Commission also asks whether there are ways in which the two agencies
could cooperate in order to lessen the costs involved in establishing
the new PSAP registry and, if so, how the Commission would calculate
and fund its share of the cost of an inter-agency effort.
7. What process should be implemented to allow for verification in
accordance with section 6507(b)(2) that the registered numbers should
continue to appear on the registry? Should there be an ongoing means
for PSAPs to remove numbers from the registry at any time? The
Commission seeks comment on these and any other issues related to
verification of registered numbers pursuant to section 6507(b)(2) of
the Tax Relief Act.
Access to the Registry by Operators of Automatic Dialing Equipment
8. The Commission seeks comment on the most efficient and effective
way to grant and track access to the PSAP Do-Not-Call registry. The
Commission proposes that registry access be limited to operators of
automatic dialing equipment for the limited purpose of compliance with
the prohibition on contacting PSAP numbers in the registry. The
Commission proposes that anyone who uses an ``automatic telephone
dialing system,'' as defined in section 227(a)(1) of the Communications
Act, to make calls qualifies as an operator of ``automatic dialing'' or
``robocall'' equipment for purposes of the Tax Relief Act. The
Commission seeks comment on these proposals and any other issues that
are relevant to our implementation of section 6507(b)(3) of the Tax
Relief Act.
9. Consistent with the operation of the existing National Do-Not-
Call registry, the Commission proposes to require that any entity that
accesses the PSAP registry certify, under penalty of law, that it is
accessing the registry solely to determine whether any telephone
numbers to which it intends to place autodialed calls are listed on
such registry for the purpose of complying with section 6507 of the Tax
Relief Act. The Commission proposes to prohibit use of the registry by
operators of automatic dialing equipment for any other purpose. The
Commission proposes that the first time an operator of automatic
dialing equipment accesses the registry, the operator establish a
profile and provide identifying information about its organization that
would include the operator's name and all alternative names under which
the registrant operates, a business address, a contact person, the
contact person's telephone number and email address, and a list of all
outbound telephone numbers used for autodialing. The Commission
proposes that all information be updated within 30 days of the date on
which any change occurs. The Commission proposes that every operator of
automatic dialing equipment with access to the PSAP registry be given a
unique identification number, which must be submitted each time the
secure database is accessed. The Commission also proposes that this
number be used to grant and track access to the secure database of
registered PSAP numbers.
10. Once operators of automatic dialing equipment have successfully
registered and obtained a unique identification number, the Commission
seeks comment on how the registered telephone numbers should be made
accessible to them. Does the FTC's National Do-Not-Call registry
provide a useful model for these steps? How often should operators of
automatic dialing equipment be required to access the registry of PSAP
numbers and update their calling lists to delete registered PSAP
numbers?
Protecting the Registry From Unauthorized Disclosure or Dissemination
11. The Commission proposes to adopt a rule that would prohibit
parties from selling, renting, leasing, purchasing, or using the PSAP
registry, or any part thereof, for any purpose except compliance with
this section and any state or Federal law enacted to prevent autodialed
calls to telephone numbers in the registry. In addition, we propose
safeguards designed to limit and track access to the registry,
including a requirement that operators of automatic dialing equipment
certify, under penalty of law, that they are accessing the registry
solely to prevent autodialed calls to numbers on the registry.
12. The Commission proposes that access to the registered numbers
be limited to operators of automated dialing equipment who have
complied with the authorized process to obtain access to that
information. However, the Commission seeks comment on whether there is
any reason that the third parties on whose behalf autodialed calls are
made should have access to these numbers. Does section 6507(b)(4) of
the Tax Relief Act prohibit such third parties from being provided
access to these numbers? The Commission seeks comment on this proposal
and any other issues relevant to our implementation of section
6507(b)(4) of the Tax Relief Act.
Prohibiting the Use of Automatic Dialing or ``Robocall'' Equipment to
Contact Registered PSAP Numbers
13. The Commission proposes to prohibit operators of automatic
dialing or robocall equipment from contacting any PSAP number that has
been registered on the PSAP Do-Not-Call registry. The Commission notes
that the it has concluded in the Telephone Consumer Protection Act
(TCPA) context, under section 227 of the Communications Act, that the
prohibition on using autodialers to contact emergency telephone lines
encompasses both voice and text calls, including short message service
calls. Similarly, the Commission proposes that the use of an autodialer
to make either voice or text message calls to numbers on the PSAP
registry constitutes a prohibited contact under section 6507(b)(5) of
the Tax Relief Act.
14. The Commission proposes to use the TCPA's definition, and the
Commission's relevant interpretations of that term, for purposes of
determining the meaning of ``automatic dialing'' and ``robocall''
equipment in the Tax Relief Act. The Commission seeks comment on the
implications, if any, of using the terms ``automatic dialing'' or
``robocall'' as used in the Tax Relief Act synonymously with
``automatic telephone dialing system'' in the TCPA, given that the
latter term includes systems with the capacity to store and produce
numbers. The Commission seeks comment on these proposals and any other
issues relevant to our implementation of section 6507(b)(5) of the Tax
Relief Act.
15. The Commission also seeks comment on whether there are any
situations in which PSAPs may wish to receive an autodialed call.
Enforcement
16. The Commission proposes to amend section 1.80 of its rules
governing forfeiture proceedings and forfeiture amounts to incorporate
these new enforcement provisions specifically for the purposes of
implementing section 6507 of the Tax Relief Act.
17. The Commission seeks comment on how the enforcement provisions,
[[Page 37365]]
including the monetary penalties, of the Tax Relief Act should be
implemented consistent with the Communications Act. The Commission
seeks comment on whether section 6507(c)(3) of the Tax Relief Act
requires the Commission to impose monetary penalties upon a first
violation, or whether section 503(b)(5) of the Communications Act,
which is also applicable to section 6507 of the Tax Relief Act by
virtue of section 6003(a) of the Tax Relief Act, requires the
Commission to issue a citation first to non-licensee and non-applicant
violators before it may determine liability for a monetary forfeiture.
18. The Commission proposes to adopt the specific monetary
penalties for violations of sections 6507(b)(4) and (b)(5) of the Tax
Relief Act and otherwise treat any violations of those provisions as
violations of the Communications Act. Section 6507(c)(3) of the Tax
Relief Act provides for the imposition of fines that vary depending
``upon whether the conduct leading to the violation was negligent,
grossly negligent, reckless, or willful, and depending on whether the
violation was a first or subsequent offence.'' The Commission seeks
comment on how these terms should be interpreted in determining the
monetary penalties for violations of the Tax Relief Act. To the extent
that the Commission has addressed such terms in an enforcement context,
it seeks comment on whether to adopt those definitions for purposes of
the Tax Relief Act.
19. The Commission seeks comment on whether it should establish a
safe harbor provision for operators of automatic dialing equipment who
can demonstrate that any prohibited call to or disclosure of the
registered numbers is the result of an error despite routine business
practices designed to ensure compliance.
Initial Regulatory Flexibility Analysis
20. As required by the Regulatory Flexibility Act of 1980, as
amended, (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in the NPRM. Written public comments are requested on the
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments on the NPRM provided on the first
page of this document. The Commission will send a copy of the NPRM,
including the IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration.
Need for, and Objectives of, the Proposed Rules
21. The ``Middle Class Tax Relief and Job Creation Act of 2012''
requires the Commission to establish a registry that allows PSAPs to
register telephone numbers on a Do-Not-Call list and prohibits the use
of automatic dialing or ``robocall'' equipment to contact those
numbers. This requirement is designed to address concerns about the use
of autodialers, which can generate large numbers of phone calls, to tie
up public safety lines, and divert critical responder resources away
from emergency services. Operators of automatic dialing equipment,
which may include small businesses, will be required to provide certain
contact information to obtain access to a registry of PSAP telephone
numbers. Such operators must periodically update the list of registered
numbers and take measures to ensure that they do not use such automatic
dialing equipment to contact any number listed on that registry or
disclose the registered numbers to any other party.
Legal Basis
22. The legal basis for any actions that may be taken pursuant to
the NPRM are contained in sections 1, 2, 4(i), 227 and 503 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
227, and 503 and sections 6003 and 6507 of the Middle Class Tax Relief
and Job Creation Act of 2012. In particular, section 6507 of the Middle
Class Tax Relief and Job Creation Act of 2012 requires the Commission
to ``initiate a proceeding to create a specialized Do-Not-Call registry
for public safety answering points.''
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
23. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that will be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. Under the Small Business Act, a ``small business concern'' is one
that: (1) Is independently owned and operated; (2) is not dominant in
its field of operation; and (3) meets any additional criteria
established by the Small Business Administration (SBA).
24. In general, our proposed rules prohibiting the use of automatic
dialing equipment to contact numbers on the PSAP Do-Not-Call registry
would apply to a wide range of entities. The proposed rules, in
particular, would apply to all operators of automatic dialing
equipment. Therefore, the Commission expects that the proposals in this
proceeding could have a significant economic impact on a substantial
number of small entities. Determining the precise number of small
entities that would be subject to the requirements proposed in the
NPRM, however, is not readily feasible. Therefore, the Commission
invites comment on such number and, after evaluating the comments, will
examine further the effect of any rule changes on small entities in the
Final Regulatory Flexibility Analysis. Below, the Commission has
described some current data that are helpful in describing the number
of small entities that might be affected by our proposed action, if
adopted.
25. Nationwide, there are a total of approximately 29.6 million
small businesses, according to the SBA. A ``small organization'' is
generally ``any not-for-profit enterprise which is independently owned
and operated and is not dominant in its field.'' Nationwide, as of
2007, there were approximately 1.6 million small organizations.
26. Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. The Commission's action may, over time, affect small
entities that are not easily categorized at present. The Commission
therefore describes here, at the outset, three comprehensive, statutory
small entity size standards. First, nationwide, there are a total of
approximately 27.5 million small businesses, according to the SBA. In
addition, a ``small organization'' is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 2007, there were
approximately 1,621,315 small organizations. Finally, the term ``small
governmental jurisdiction'' is defined generally as ``governments of
cities, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' Census
Bureau data for 2011 indicate that there were 89,476 local governmental
jurisdictions in the United States. The Commission estimates that, of
this total, as many as 88,506 entities may qualify as ``small
governmental jurisdictions.'' Thus, the Commission estimates that most
governmental jurisdictions are small.
[[Page 37366]]
27. Telemarketing Bureaus and Other Contact Centers. According to
the Census Bureau, this economic census category ``comprises
establishments primarily engaged in operating call centers that
initiate or receive communications for others-via telephone, facsimile,
email, or other communication modes-for purposes such as (1) promoting
clients' products or services, (2) taking orders for clients, (3)
soliciting contributions for a client; and (4) providing information or
assistance regarding a client's products or services.'' The SBA has
developed a small business size standard for this category, which is:
all such entities having $7 million or less in annual receipts.
According to Census Bureau data for 2007, there were 2,100 firms in
this category that operated for the entire year. Of this total, 1,885
firms had annual sales of under $5 million, and an additional 145 had
sales of $5 million to $9,999,999. Thus, the majority of firms in this
category can be considered small.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
28. The Tax Relief Act requires the Commission to establish a Do-
Not-Call registry for PSAPs. The Act specifies that PSAPs will be
permitted to register telephone numbers on this registry. This allows
PSAPs or their designated representatives to review their current
telephone numbers and then provide those numbers to the administrator
of the registry for inclusion on the PSAP Do-Not-Call registry. This
will necessitate some administrative functions. In addition, a process
must be adopted for verifying, no less frequently than once every 7
years, that the registered numbers should continue to appear on the
registry. This provision may require PSAPs to periodically check and
verify which numbers should continue to be included on the registry.
The Tax Relief Act also prohibits the use of automatic dialing or
``robocall'' equipment to contact numbers listed on the Do-Not-Call
registry. As a result, operators of automatic dialing equipment will be
required to periodically check the registry and update their calling
systems to ensure that they do not contact any telephone number listed
on the PSAP Do-Not-Call registry. In order to access the registry,
operators of automatic dialing equipment will be required to provide
contact information and certify that they will not use the telephone
numbers for any purpose other than compliance with this Act. In
addition, a process will need to be developed to ensure that the list
of registered numbers obtained from the PSAP Do-Not-Call registry is
not disclosed or disseminated for any purpose other than compliance
with this Act. Such a process may entail training personnel, recording
access to such information in a secure manner, and updating automatic
dialing systems to ensure that such equipment is not used to contact
numbers on the PSAP registry.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
29. In the NPRM, the Commission has sought comment generally on how
to implement the specific provisions of the Tax Relief Act in a cost-
effective manner that minimizes the potential burdens on PSAPs and any
operator of automatic dialing equipment subject to our rules. The
Commission notes, for example, that the FTC's National Do-Not-Call list
has been operational for nearly a decade. Many operators of automatic
dialing equipment subject to our proposed rules are familiar with that
system and the Commission seeks comment on whether the operation of
that existing registry provides any guidance on how the PSAP registry
should be operated in order to minimize compliance burdens. The
Commission seeks comment on whether it would be useful to offer such
operators the ability to gain access to the PSAP registry by specific
geographic areas or area codes rather than downloading the entire
database. This option could offer smaller businesses cost savings by
limiting the telephone numbers which they must download to only those
that are most relevant to the calls they are making. The Commission
also seeks comment on whether to establish a safe harbor provision for
those who can demonstrate that any prohibited call or disclosure of the
registered PSAP numbers is the result of an error despite routine
business practices designed to ensure compliance. In addition, the
Commission seeks comment on the most efficient ways for PSAPs to
compile and download the numbers which they want to enter into the PSAP
registry. For example, to alleviate potential burdens on individual
PSAPs, the Commission seeks comment on whether states or localities can
do this on an aggregate basis or whether there are existing databases
of such information.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
30. The TCPA prohibits certain categories of automated calls absent
an emergency purpose or the ``prior express consent'' of the called
party. 47 U.S.C. 227(b)(1)(A). Specifically, this provision prohibits
the use of ``automatic telephone dialing systems'' when calling any
emergency telephone lines, including 911 lines and any emergency line
of a hospital, medical physician or service office, health care
facility, poison control center, or fire protection or law enforcement
agency. 47 U.S.C. 227(b)(1)(A). See also 47 CFR 64.1200(a)(1). As a
result, the use of autodialers to call these numbers is prohibited
under our existing rules absent a recognized exception. To the extent
that any of the same emergency numbers are included in the PSAP Do-Not-
Call registry, the protections afforded by our proposed rules from
autodialed calls will overlap with the existing TCPA rules.
Ordering Clauses
31. Pursuant to sections 1, 2, 4(i), 227 and 503 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
227, 503, and sections 6003 and 6507 of the Middle Class Tax Relief and
Job Creation Act of 2012, that the Notice of Proposed Rulemaking is
adopted.
32. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
List of Subjects
47 CFR Part 1
Administrative practice and procedure.
47 CFR Part 64
Reporting and recordkeeping requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rule
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend parts 1 and 64 as follows:
PART 1--PRACTICE AND PROCEDURE
Subpart A--General Rules of Practice and Procedure
1. The authority citation part 1 is revised to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 227, 303(r), and 309 and the Middle Class Tax Relief
and
[[Page 37367]]
Job Creation Act of 2012, Pub. L. No. 112-96.
2. Amend section 1.80 by adding new paragraph (a)(6), redesignating
paragraphs (b)(5) and (b)(6) as paragraphs (b)(7) and (b)(8), and by
add new paragraphs (b)(5) and (b)(6) to read as follows:
Sec. 1.80 Forfeiture proceedings.
(a) * * *
(6) Violated any provision of section 6507 of the Middle Class Tax
Relief and Job Creation Act of 2012 or any rule, regulation, or order
issued by the Commission under that statute.
* * * * *
(b) * * *
(5) If a violator who is granted access to the Do-Not-Call registry
of public safety answering points discloses or disseminates any
registered telephone number without authorization, in violation of
section 6507(b)(4) of the Middle Class Tax Relief and Job Creation Act
of 2012, the monetary penalty for such unauthorized disclosure or
dissemination of a telephone number from the registry shall be not less
than $100,000 per incident nor more than $1,000,000 per incident
depending upon whether the conduct leading to the violation was
negligent, grossly negligent, reckless, or willful, and depending on
whether the violation was a first or subsequent offense.
(6) If a violator uses automatic dialing equipment to contact a
telephone number on the Do-Not-Call registry of public safety answering
points, in violation of section 6507(b)(5) of the Middle Class Tax
Relief and Job Creation Act of 2012, the monetary penalty for
contacting such a telephone number shall be not less than $10,000 per
call nor more than $100,000 per call depending on whether the violation
was negligent, grossly negligent, reckless, or willful, and depending
on whether the violation was a first or subsequent offense.
* * * * *
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Subpart L--Restrictions on Telemarketing and Telephone Solicitation
1. The authority citation for part 64 is revised to read as
follows:
Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620 and the Middle Class Tax Relief
and Job Creation Act of 2012, Pub. L. No. 112-96 unless otherwise
noted.
2. Amend Subpart L by adding new section 64.1202 to read as
follows:
Sec. 64.1202 Public safety answering point do-not-call registry.
(a) As used in this section, the following terms are defined as:
(1) Operators of automatic dialing or robocall equipment. Any
person or entity who uses an automatic telephone dialing system, as
defined in section 227(a)(1) of the Communications Act of 1934, as
amended, to make telephone calls with such equipment.
(2) Public Safety Answering Point (PSAP). A facility that has been
designated to receive emergency calls and route them to emergency
service personnel pursuant to section 222(h)(4) of the Communications
Act of 1934, as amended. As used in this section, this term includes
both primary and secondary PSAPs.
(b) An operator of automatic dialing or robocall equipment is
prohibited from using such equipment to contact any telephone number
registered on the PSAP Do-Not-Call registry. This prohibition on using
automatic dialing equipment to contact numbers on the PSAP Do-Not-Call
registry encompasses both voice and text calls. Such Do-Not-Call
registrations must be honored indefinitely, or until the registration
is removed by a designated PSAP representative or the Commission or its
designated registry administrator.
(c) An operator of automatic dialing or robocall equipment may not
obtain access or use the PSAP Do-Not-Call registry until it has first
provided to the Commission or its designated registry administrator
contact information that includes the operator's name and all
alternative names under which the registrant operates, a business
address, a contact person, the contact person's telephone number and
email address, and a list of all outbound telephone numbers used for
autodialing, and thereafter obtained a unique identification number
from the Commission or its designated registry administrator. All
information provided to the Commission or its designated registry
administrator must be updated within 30 days of making any change to
such information. In addition, an operator must certify during each
use, under penalty of law, that it is accessing the registry solely to
prevent autodialed calls to numbers on the registry.
(d) An operator of automatic dialing or robocall equipment that
accesses the PSAP Do-Not-Call registry shall, to prevent such calls to
any telephone number on the registry, employ a version of the PSAP Do-
Not-Call registry obtained from the registry administrator no more than
31 days prior to the date any call is made, and shall maintain records
documenting this process.
(e) No person or entity, including an operator of automatic dialing
equipment or robocall equipment, may sell, rent, lease, purchase or use
the PSAP Do-Not-Call registry, or any part thereof, for any purpose
except to comply with this section and any such state or Federal law
enacted to prevent autodialed calls to telephone numbers in the PSAP
registry. Any party granted access to the registry is prohibited from
disclosing or disseminating the registered numbers to any other person
or entity.
[FR Doc. 2012-15119 Filed 6-20-12; 8:45 am]
BILLING CODE 6712-01-P