[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63112-63113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22010]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 02-278; DA 20-1120; FRS 17108]


Consumer and Governmental Affairs Bureau Seeks To Determine 
Parties' Continuing Interest in Specific Petitions for Preemption of 
State Consumer Protection Requirements

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) seeks to assess the Petitioners' continuing interests in 
certain Petitions that were filed between 2003 and 2005. The FCC plans 
to dismiss the Petitions with prejudice unless a Petitioner files a 
letter in the relevant docket specifying that it objects to the 
dismissal of its Petition and the reasons for such objections.

DATES: Petitioners may file a letter on or before November 20, 2020. 
Unless Petitioners take action as described, the specified Petitions 
will be dismissed on November 20, 2020.

[[Page 63113]]


ADDRESSES: You may file a letter in CG Docket No. 02-278, by any of the 
following methods:
     Federal Communications Commission: https://www.fcc.gov/ecfs.filings. Follow the instructions for submitting comments.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
     In addition, you should send a copy of your letter to 
Kristi Thornton of the Consumer and Governmental Affairs Bureau at 
[email protected].
    People with Disabilities: Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

FOR FURTHER INFORMATION CONTACT: Kristi Thornton of the Consumer Policy 
Division, Consumer and Governmental Affairs Bureau, at (202) 418-2467 
or at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, DA 
20-1120, CG Docket No. 02-278, released on September 23, 2020. The full 
text of this document is available online at https://docs.fcc.gov/public/attachments/DA-20-1120A1.pdf. To request this document in 
accessible formats for people with disabilities (e.g., Braille, large 
print, electronic files, audio format) or to request reasonable 
accommodations (e.g., accessible format documents, sign language 
interpreters, CART), send an email to [email protected] or call the FCC's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.1200 et seq. 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. 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).

Synopsis

    1. The Consumer and Governmental Affairs Bureau (Bureau) has 
pending 10 petitions (Petitions) generally asking the Commission to 
preempt state protections against unwanted robocalls and faxes. The 
Petitions were filed between 2003 and 2005, with no advocacy for 
several years. In addition, the relief the Petitions request appears to 
be moot or otherwise no longer relevant in light of both federal and 
state regulatory changes that have occurred since the Petitions were 
filed.
    2. As part of the Commission's effort to efficiently manage its 
dockets and resources, and to reduce backlog, the Bureau seeks to 
assess the Petitioners' continuing interests in these Petitions. The 
Bureau will dismiss the Petitions below with prejudice unless a 
Petitioner files a letter in the relevant docket on or before November 
20, 2020, specifying that it objects to the dismissal of its Petition 
and the reasons for such objections. Upon release of document DA 20-
1120, the Bureau will send copies to the Petitioners at the last 
available mailing address associated with the Petition.
    3. These Petitions and related information are provided below:
    4. Petitioner Mark Boling, Petition for Declaratory Ruling, CG 
Docket No. 02-278; Petition filed 8/11/2003.
    5. Petitioner Direct Marketing Association, Petition for 
Reconsideration of Rules and Regulations Implementing the Telephone 
Consumer Protection Act of 1991, CG Docket No. 02-278, Report and 
Order, 18 FCC Rcd 14014 (2003); Petition filed 8/25/2003.
    6. Petitioner American Teleservices Association, Inc., Petition for 
Declaratory Ruling with Respect to Certain Provisions of the New Jersey 
Consumer Fraud Act and the New Jersey Administrative Code, CG Docket 
No. 02-278; Petition filed 8/24/2004.
    7. Petitioner FreeEats.com Inc. (d/b/a ccAdvertising), Petition for 
Expedited Declaratory Ruling, CG Docket No. 02-278; Petition filed 9/
13/2004.
    8. Petitioner Consumer Bankers Association (Indiana), Petition for 
Expedited Declaratory Ruling with Respect to Certain Provisions of the 
Indiana Revised Statutes and Indiana Administrative Code, CG Docket No. 
02-278; Petition filed 11/19/2004.
    9. Petitioner Consumer Bankers Association (Wisconsin), Petition 
for Declaratory Ruling with Respect to Certain Provisions of the 
Wisconsin Statutes and Wisconsin Administrative Code, CG Docket No. 02-
278; Petition filed 11/19/2004.
    10. Petitioner National City Mortgage Co., Petition for Expedited 
Declaratory Ruling with Respect to Certain Provisions of the Florida 
Statutes, CG Docket No. 02-278; Petition filed 11/22/2004.
    11. Petitioner TSA Stores, Inc., Petition for Declaratory Ruling 
with Respect to Certain Provisions of the Florida laws and regulations, 
CG Docket No. 02-278; Petition filed 2/1/2005.
    12. Petitioner 33 Allied Petitioners, Petition for Declaratory 
Ruling that the FCC has Exclusive Regulatory Jurisdiction Over 
Interstate Telemarketing, CG Docket No. 02-278; Petition filed 4/29/
2005.
    13. Petitioner The Fax Ban Coalition, Petition for Declaratory 
Ruling of the Fax Ban Coalition, CG Docket No. 02-278; Petition filed 
11/7/2005.

Federal Communications Commission.
Gregory Haledjian,
Legal Advisor, Consumer and Governmental Affairs Bureau.
[FR Doc. 2020-22010 Filed 10-5-20; 8:45 am]
BILLING CODE 6712-01-P