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, 11581-11582 [E9-5823]

Download as PDF tjames on PRODPC61 with NOTICES Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices • Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). • Follow directions—The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. SUPPLEMENTARY INFORMATION: Under section 108(a) of the Clean Air Act (CAA), the Administrator identifies and lists certain pollutants which ‘‘cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.’’ The EPA then issues air quality criteria for listed pollutants, which are commonly referred to as ‘‘criteria pollutants.’’ The air quality criteria are to ‘‘accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected form the presence of [a] pollutant in the ambient air, in varying quantities.’’ Under section 109 of the CAA, EPA establishes NAAQS for each listed pollutant, with the NAAQS based on the air quality criteria. Section 109(d) of the CAA requires periodic review and, if appropriate, revision of existing air quality criteria. The revised air quality criteria reflect advances in scientific knowledge on the effects of the pollutant on public health or welfare. The EPA is also required to periodically review and revise the NAAQS, if appropriate, based on the revised criteria. Air quality criteria have been established for particulate matter (PM) and NAAQS have been established for PM2.5 and PM10, to provide protection for fine and coarse particles, respectively. Presently, EPA is reviewing the air quality criteria and NAAQS for PM. The EPA’s overall plan VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 and schedule for this review is presented in the Integrated Review Plan for the National Ambient Air Quality Standards for Particulate Matter.1 A draft of the integrated review plan was released for public review and comment in October 2007 and was the subject of a consultation with the Clean Air Scientific Advisory Committee (CASAC) on November 30, 2007 (72 FR 63177; November 8, 2007). Comments received from that consultation and from the public were considered in finalizing the plan and in beginning the review of the air quality criteria. As part of the review of the air quality criteria for PM, EPA’s Office of Research and Development (ORD) has completed a draft document, Integrated Science Assessment (ISA) for Particulate Matter (First External Review Draft, December 2008) and requested review by the CASAC and the public (73 FR 77686; December 19, 2008). In the future, EPA’s OAQPS will prepare a Risk and Exposure Assessment (REA) focusing on: (1) Human health risk and exposure assessment, and (2) assessment of urban visibility impairment. The two planning documents announced today describe the planned approaches for conducting the quantitative assessments that will be presented in the REA as part of the review of the primary (health-based) and secondary (welfare-based) PM NAAQS. These documents are available on the Agency’s Technology Transfer Network (TTN) Web site at https:// www.epa.gov/ttn/naaqs/standards/pm/ s_pm_index.html. These documents may be accessed in the ‘‘Documents from Current Review’’ section under ‘‘Planning Documents.’’ These planning documents are intended to provide enough specificity to facilitate consultation with CASAC, as well as for public review, in order to obtain advice on the overall scope, approaches and key issues in advance of the conduct of the quantitative analyses and presentation of results in the first draft REA. The CASAC consultation on these two planning documents coincides with its review of the first draft ISA. This CASAC meeting is scheduled for April 1 and 2, 2009. A separate Federal Register notice provides additional details about this meeting and the process for participation (74 FR 7688; February 19, 2009). 1 EPA 452R–08–004; March 2008; Available: https://www.epa.gov/ttn/naaqs/standards/pm/ s_pm_2007_pd.html. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 11581 Dated: February 27, 2009. Jeffrey S. Clark, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E9–5843 Filed 3–17–09; 8:45 am] BILLING CODE 6560–50–P 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. 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: https:// www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: https:// 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 email to ecfs@fcc.gov, and include the following words in the body of the message, ‘‘get form <your e-mail address>.’’ A sample form and directions will be sent in response. • Paper Filers: Parties who choose to file by paper must file an original and E:\FR\FM\18MRN1.SGM 18MRN1 tjames on PRODPC61 with NOTICES 11582 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 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 messengerdelivered 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 Karen.Johnson@fcc.gov. 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 permitbut-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 VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 parte presentations in permit-butdisclose 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 https://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 fcc504@fcc.gov 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: https:// 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 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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 FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Collection Renewals (0028; 0121); Comment Request AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Currently, the FDIC is soliciting comments concerning the following continuing collections of information titled: (1) Recordkeeping and Confirmation Requirements for Securities Transactions (3064–0028); and (2) Certification of Compliance with Mandatory Bars to Employment (3064– 0121). DATES: Comments must be submitted on or before May 18, 2009. ADDRESSES: Interested parties are invited to submit written comments on the collections of information entitled: (1) Recordkeeping and Confirmation Requirements for Securities Transactions (3064–0028); and (2) Certification of Compliance with E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11581-11582]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: https://
www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: https://
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 ecfs@fcc.gov, 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 Karen.Johnson@fcc.gov.

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 https://
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 fcc504@fcc.gov 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: https://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
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