Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; Junk Fax Prevention Act of 2005, 56893 [06-8245]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Page 56893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8245]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 02-278 and 05-338; FCC 06-42]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991; Junk Fax Prevention Act of 2005

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
which were published in the Federal Register of Wednesday, May 3, 2006, 
71 FR 25967. The regulations relate to the sending of unsolicited 
facsimile advertisements as required by the Junk Fax Prevention Act of 
2005 (the Junk Fax Prevention Act).

DATES: Effective on August 1, 2006.

FOR FURTHER INFORMATION CONTACT: Erica McMahon or Richard Smith, 
Consumer & Governmental Affairs Bureau, (202) 418-2512.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Communications Commission published a document in the 
Federal Register on May 3, 2006, 71 FR 25967 amending part 64 of its 
rules on unsolicited facsimile advertisements as required by the Junk 
Fax Prevention Act.

Need for Correction

    As published, the final regulations contain errors and omissions.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Telecommunications, Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

0
Accordingly, 47 CFR part 64 is corrected by making the following 
correcting amendments:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k) secs. 403(b)(2)(B) ,(c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 
222, 225, 226, 228, and 254(k) unless otherwise noted.


0
2. Revise paragraphs (a)(3)(iii)(B) and (C) and add paragraphs (a)(4) 
through (a)(7) to read as follows:


Sec.  64.1200  Delivery restrictions.

    (a) * * *
    (3) * * *
    (iii) * * *
    (B) The notice states that the recipient may make a request to the 
sender of the advertisement not to send any future advertisements to a 
telephone facsimile machine or machines and that failure to comply, 
within 30 days, with such a request meeting the requirements under 
paragraph (a)(3)(v) of this section is unlawful;
    (C) The notice sets forth the requirements for an opt-out request 
under paragraph (a)(3)(v) of this section;
* * * * *
    (4) Use an automatic telephone dialing system in such a way that 
two or more telephone lines of a multi-line business are engaged 
simultaneously.
    (5) Disconnect an unanswered telemarketing call prior to at least 
15 seconds or four (4) rings.
    (6) Abandon more than three percent of all telemarketing calls that 
are answered live by a person, or measured over a 30-day period. A call 
is ``abandoned'' if it is not connected to a live sales representative 
within two (2) seconds of the called person's completed greeting. 
Whenever a sales representative is not available to speak with the 
person answering the call, that person must receive, within two (2) 
seconds after the called person's completed greeting, a prerecorded 
identification message that states only the name and telephone number 
of the business, entity, or individual on whose behalf the call was 
placed, and that the call was for ``telemarketing purposes.'' The 
telephone number so provided must permit any individual to make a do-
not-call request during regular business hours for the duration of the 
telemarketing campaign. The telephone number may not be a 900 number or 
any other number for which charges exceed local or long distance 
transmission charges. The seller or telemarketer must maintain records 
establishing compliance with paragraph (a)(6) of this section.
    (i) A call for telemarketing purposes that delivers an artificial 
or prerecorded voice message to a residential telephone line that is 
assigned to a person who either has granted prior express consent for 
the call to be made or has an established business relationship with 
the caller shall not be considered an abandoned call if the message 
begins within two (2) seconds of the called person's completed 
greeting.
    (ii) Calls made by or on behalf of tax-exempt nonprofit 
organizations are not covered by paragraph (a)(6) of this section.
    (7) Use any technology to dial any telephone number for the purpose 
of determining whether the line is a facsimile or voice line.
* * * * *
[FR Doc. 06-8245 Filed 9-27-06; 8:45 am]
BILLING CODE 6712-01-P