Telephone Consumer Protection Act of 1991, 63240-63242 [2012-25316]
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63240
Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS—Continued
State effective
date
Provision
EPA approval
date
12/12/2007
2/6/2012
77 FR 5703.
4/13/2011
3/26/2012
76 FR 3611.
5/18/2011
3/26/2012
76 FR 3611.
11/12/2009
5/4/2012
77 FR 26441.
11/17/2007
4/1/2008
6/27/2012
10/16/2012
77 FR 38185.
[Insert citation of
publication].
9/21/2009
10/16/2012
[Insert citation of
publication].
North Carolina 110(a)(1) and (2) Infrastructure Requirements for the
1997 8-Hour Ozone National Ambient Air Quality Standards.
1997 8-Hour Ozone 110(a)(1) Maintenance Plan for the Triad Area.
Supplement to 110(a)(1) Maintenance Plan for the Triad Area.
North Carolina portion of bi-state
Charlotte; 1997 8-Hour Ozone
2002 Base Year Emissions Inventory.
Regional Haze Plan ........................
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air
Quality Standards.
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air
Quality Standards.
Federal Register citation
3. Section 52.1773 is amended by
redesignating the existing text in
§ 52.1773 as paragraph (a) and adding
paragraph (b) to read as follows:
[CG Docket No. 02–278; FCC 12–21]
■
47 CFR Part 64
Conditional approval.
*
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With the exception of section 110(a)(2)(D)(i). With
respect to sections 110(a)(2)(C) related to PSD requirements, 110(a)(2)(E)(ii) and 110(a)(2)(J) related to PSD requirements, EPA conditionally approved these requirements.
With the exception of section 110(a)(2)(D)(i). With
respect to sections 110(a)(2)(C) related to PSD requirements, 110(a)(2)(E)(ii) and 110(a)(2)(J) related to PSD requirements, EPA conditionally approved these requirements.
FEDERAL COMMUNICATIONS
COMMISSION
§ 52.1773
Explanation
*
*
*
*
(b) North Carolina submitted a letter
to EPA on July 10, 2012, with a
commitment to address the State
Implementation Plan deficiencies
regarding requirements of Clean Air Act
sections 110(a)(2)(C) and 110(a)(2)(J) as
they both relate to Prevention of
Significant Deterioration (PSD)
infrastructure requirements for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards. EPA is
conditionally approving North
Carolina’s commitment to address
outstanding requirements promulgated
in the New Source Review (NSR) PM2.5
Rule related to the PM2.5 standard for
their PSD program and committing to
providing the necessary SIP revision to
address these NSR PM2.5 Rule
requirements. If North Carolina fails to
submit these revisions by October 16,
2013, the conditional approval will
automatically become a disapproval on
that date and EPA will issue a finding
of disapproval.
[FR Doc. 2012–25301 Filed 10–15–12; 8:45 am]
BILLING CODE 6560–50–P
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Telephone Consumer Protection Act of
1991
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s document Telephone
Consumer Protection Act of 1991
(Report and Order). This notice is
consistent with the Report and Order,
which stated that the Commission
would publish a document in the
Federal Register announcing the
effective date of those amendments.
DATES: The amendments to 47 CFR
64.1200(a)(2) and (3) published at 77 FR
34233, June 11, 2012, are effective
October 16, 2013, 47 CFR 64.1200(a)(7)
published at 77 FR 34233, June 11,
2012, is effective November 15, 2012,
and 47 CFR 64.1200(b)(3), published at
77 FR 34233, June 11, 2012, is effective
January 14, 2013.
FOR FURTHER INFORMATION CONTACT:
Karen Johnson, Consumer and
Governmental Affairs Bureau, at (202)
418–7706, or email
Karen.Johnson@fcc.gov.
SUMMARY:
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This
document announces that, on
September 17, 2012, OMB approved, for
a period of three years, the information
collection requirements contained in the
Commission’s Report and Order, FCC
12–21, published at 77 FR 34233, June
11, 2012. The OMB Control Number is
3060–0519. The Commission publishes
this notice as an announcement of the
effective date of those amendments. If
you have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Number, 3060–0519, in your
correspondence. The Commission will
also accept your comments via the
Internet if you send them to
PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on September
17, 2012, for the information collection
requirements contained in the
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Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
Commission’s revised rules at 47 CFR
64.1200(a)(2), 64.1200(a)(3),
64.1200(a)(7), and 47 CFR 64.1200(b)(3).
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
information unless it displays a current,
valid OMB Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–0519.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0519.
OMB Approval Date: September 17,
2012.
OMB Expiration Date: September 30,
2015.
Title: Rules and Regulations
Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, CG
Docket No. 02–278.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Individuals or
households; Not-for-profit institutions.
Number of Respondents and
Responses: 50,151 respondents;
147,453,559 responses.
Estimated Time per Response: .004
hours (15 seconds) to 1 hour.
Frequency of Response:
Recordkeeping requirement; Annual,
on-occasion and one-time reporting
requirement; Third party disclosure
requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for the information collection
requirements is found in the Telephone
Consumer Protection Act of 1991
(TCPA), Public Law 102–243, December
20, 1991, 105 Stat. 2394, which added
Section 227 of the Communications Act
of 1934, [47 U.S.C. 227] Restrictions on
the Use of Telephone Equipment.
Total Annual Burden: 712,140 hours.
Total Annual Cost: $3,989,700.
Nature and Extent of Confidentiality:
Confidentiality is an issue to the extent
that individuals and households
provide personally identifiable
information, which is covered under the
FCC’s system of records notice (SORN),
FCC/CGB–1, ‘‘Informal Complaints and
Inquiries.’’ As required by the Privacy
Act, 5 U.S.C. 552a, the Commission also
published a SORN, FCC/CGB–1
‘‘Informal Complaints and Inquiries’’, in
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the Federal Register on December 15,
2009 (74 FR 66356) which became
effective on January 25, 2010. A system
of records for the do-not-call registry
was created by the Federal Trade
Commission (FTC) under the Privacy
Act. The FTC originally published a
notice in the Federal Register
describing the system. See 68 FR 37494,
June 24, 2003. The FTC updated its
system of records for the do-not-call
registry in 2009. See 74 FR 17863, April
17, 2009.
Privacy Impact Assessment: Yes. The
Privacy Impact Assessment (PIA) was
completed on June 28, 2007. It may be
reviewed at: https://www.fcc.gov/omd/
privacyact/
Privacy_Impact_Assessment.html.
Note: The Commission will prepare a
revision to the SORN and PIA to cover the
PII collected related to this information
collection, as required by OMB’s
Memorandum M–03–22 (September 26,
2003) and by the Privacy Act, 5 U.S.C. 552a.
Needs and Uses: The reporting
requirements included under this OMB
Control Number 3060–0519 enable the
Commission to gather information
regarding violations of Section 227 of
the Communications Act, the Do-NotCall Implementation Act, and the
Commission’s implementing rules. If the
information collection were not
conducted, the Commission would be
unable to track and enforce violations of
Section 227 of the Communications Act,
the Do-Not-Call Implementation Act, or
the Commission’s implementing rules.
The Commission’s implementing rules
provide consumers with several options
for avoiding most unwanted telephone
solicitations.
The national do-not-call registry
supplements the company-specific donot-call rules for those consumers who
wish to continue requesting that
particular companies not call them. Any
company that is asked by a consumer,
including an existing customer, not to
call again originally had to honor that
request for five years. In a subsequent
order, the Commission required sellers
and/or telemarketers to honor
registrations with the National Do-NotCall Registry indefinitely.
A provision of the Commission’s
rules, however, allows consumers to
give specific companies permission to
call them through an express written
agreement. Nonprofit organizations,
companies with whom consumers have
an established business relationship,
and calls to persons with whom the
telemarketer has a personal relationship
are exempt from the ‘‘do-not-call’’
registry requirements.
On September 21, 2004, the
Commission released the Safe Harbor
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63241
Order establishing a limited safe harbor
in which persons will not be liable for
placing autodialed and prerecorded
message calls to numbers ported from a
wireline service within the previous 15
days. The Commission also amended its
existing National Do-Not-Call Registry
safe harbor to require telemarketers to
scrub their lists against the Registry
every 31 days.
On December 4, 2007, the
Commission released a notice of
proposed rulemaking seeking comment
on its tentative conclusion under the
Do-Not-Call Improvement Act of 2007
that registrations with the Registry
should be honored indefinitely, unless a
number is disconnected or reassigned,
or the consumer cancels his registration.
On June 17, 2008, in accordance with
the Do-Not-Call Improvement Act of
2007, the Commission revised its rules
to minimize the inconvenience to
consumers of having to re-register their
preferences not to receive telemarketing
calls and to further the underlying goal
of the National Do-Not-Call Registry to
protect consumers’ privacy rights. The
Commission released a Report and
Order in CG Docket No. 02–278, FCC
08–147, amending the Commission’s
rules under the Telephone Consumer
Protection Act (TCPA) to require sellers
and/or telemarketers to honor
registrations with the National Do-NotCall Registry so that registrations will
not automatically expire based on the
then-existing five-year registration
period. Specifically, the Commission
modified § 64.1200(c)(2) of its rules to
require sellers and/or telemarketers to
honor numbers registered on the
Registry indefinitely or until the number
is removed by the database
administrator or the registration is
cancelled by the consumer.
Most recently, on February 15, 2012,
the Commission released a Report and
Order in CG Docket No. 02–278, FCC
12–21, revising its rules to: (1) Require
prior express written consent for all
autodialed or pre-recorded
telemarketing calls to wireless numbers
and for all pre-recorded telemarketing
calls to residential lines; (2) eliminate
the established business relationship
exception to the consent requirement for
pre-recorded telemarketing calls to
residential lines; (3) require
telemarketers to include an automated,
interactive opt-out mechanism in all
pre-recorded telemarketing calls, to
allow consumers more easily to opt-out
of future robocalls during a robocall
itself; and (4) require telemarketers to
comply with the 3% limit on abandoned
calls during each calling campaign, in
order to discourage intrusive calling
campaigns.
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Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
Finally, the Commission exempted
from the Telephone Consumer
Protection Act requirements prerecorded calls to residential lines made
by health-care-related entities governed
by the Health Insurance Portability and
Accountability Act of 1996.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2012–25316 Filed 10–15–12; 8:45 am]
BILLING CODE 6712–01–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 821
[Docket No. NTSB–GC–2011–0001]
Rules of Practice in Air Safety
Proceedings
AGENCY:
National Transportation Safety
Board.
Interim final rule; request for
comments.
ACTION:
The National Transportation
Safety Board (NTSB or Board) amends
portions of its regulations, which set
forth rules of procedure for the NTSB’s
review of certificate actions taken by the
Federal Aviation Administration (FAA),
as a result of the recent enactment of the
Pilot’s Bill of Rights.
DATES: This rule is effective October 16,
2012. Comments must be received by
December 17, 2012. Comments received
after the deadline will be considered to
the extent possible.
ADDRESSES: A copy of this interim final
rule, published in the Federal Register
(FR), is available for inspection and
copying in the NTSB’s public reading
room, located at 490 L’Enfant Plaza SW.,
Washington, DC 20594–2003.
Alternatively, a copy is available on the
government-wide Web site on
regulations at https://
www.regulations.gov (Docket ID Number
NTSB–GC–2011–0001).
You may send comments identified
by Docket ID Number NTSB–GC–2011–
0001 using any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
Mail: Send comments to NTSB Office
of General Counsel, 490 L’Enfant Plaza
East SW., Washington, DC 20594–2003.
Facsimile: Fax comments to 202–314–
6090.
Hand Delivery: Bring comments to
490 L’Enfant Plaza East SW., 6th Floor,
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SUMMARY:
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Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For more information on the rulemaking
process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
David Tochen, General Counsel, (202)
314–6080.
SUPPLEMENTARY INFORMATION:
I. Background
The NTSB previously issued an
advance notice of proposed rulemaking
(ANPRM), 75 FR 80452 (Dec. 22, 2010),
and a notice of proposed rulemaking
(NPRM), 77 FR 6760 (Feb. 9, 2012),
concerning 49 CFR parts 821 and 826.
(Part 826 sets forth rules of procedure
concerning applications for fees and
expenses under the Equal Access to
Justice Act of 1980.) Prior to the NTSB’s
issuance of a final rule concerning parts
821 and 826, Congress enacted the
Pilot’s Bill of Rights, Public Law 112–
53, 126 Stat. 1159 (August 3, 2012),
which implemented statutory changes
for, among other things: (1) The FAA to
disclose its enforcement investigative
report (EIR) to each respondent in an
aviation certificate enforcement case; (2)
the NTSB to apply the Federal Rules of
Civil Procedure and Federal Rules of
Evidence to each case; and (3) litigants
now to have the option of appealing the
Board’s orders to either a Federal
district court or a Federal court of
appeals. The Board therefore issues this
interim final rule in response to these
legislative changes. Elsewhere in today’s
Federal Register, the NTSB published a
final rule concerning those portions of
its February 2012 NPRM not affected by
enactment of the Pilot’s Bill of Rights.
II. Rulemaking Procedure
As a result of enactment of the Pilot’s
Bill of Rights and to ensure compliance
with it, the NTSB is immediately
changing its Rules of Practice applicable
to air safety proceedings. The statute is
effective immediately, thus requiring
the NTSB to promulgate regulatory
changes without delay. As a result, the
NTSB believes the statute constitutes
good cause for issuance of an interim
final rule. The NTSB will consider
comments received during the comment
period, and will alter the interim final
rule issued herein if the comments
warrant alteration.
III. Statutory Changes
Pursuant to subsection 2(a) of the
Pilot’s Bill of Rights, the Federal Rules
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of Evidence and Federal Rules of Civil
Procedure, to the extent practicable, are
applicable to all NTSB proceedings
conducted under 49 CFR part 821,
subparts C (rules applicable to
proceedings under 49 U.S.C. 44703,
which governs airman certificates), D
(rules applicable to proceedings under
49 U.S.C. 44709, which governs
amendments, modifications,
suspensions, and revocations of
certificates), and F (rules applicable to
hearings conducted under 49 CFR part
821).
Subsection 2(b) of the statute requires
the FAA provide ‘‘timely, written
notification’’ to individuals who are the
subject of an FAA enforcement action
regarding the ‘‘nature of the
investigation.’’ The FAA must inform
the individual he or she need not
respond to an FAA letter of
investigation and will not be adversely
affected if he or she elects not to
respond. The statute requires the
Administrator of the FAA to make
available the releasable portions of the
EIR to each individual, and provide
certain air traffic data. The statute
further provides that the Administrator
may delay this notification if the FAA
determines the notification would
threaten the integrity of the
investigation.
In addition, subsection 2(c) of the
statute strikes from 49 U.S.C.
44703(d)(2), 44709(d)(3), and
44710(d)(1) the phrase, ‘‘but is bound by
all validly adopted interpretations of
laws and regulations the Administrator
carries out unless the Board finds an
interpretation is arbitrary, capricious, or
otherwise not according to law.’’ The
statute also strikes from 49 U.S.C.
44709(d)(3) and 44710(d)(1) the
language stating the Board is bound by
FAA policy guidance concerning
sanctions for violations.
Subsection 2(d) of the statute provides
individuals with the option of appealing
a Board order to a Federal district court
or a Federal court of appeals.
Previously, only the Federal courts of
appeals had jurisdiction to review
appeals of Board orders on certificate
actions. Additionally, the statute states,
absent a stay from the Board, an
emergency order the Administrator
issues under 49 U.S.C. 44709(e)(2) will
remain in effect pending the exhaustion
of the appeal to Federal district court.
Regarding review of orders, the statute
requires Federal district courts to give
‘‘full independent review’’ of the
Administrator’s decision; and in the
case of emergency orders, the statute
requires Federal district courts to give
‘‘substantive independent and
expedited review’’ of the
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]]>Agencies
[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Rules and Regulations]
[Pages 63240-63242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25316]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278; FCC 12-21]
Telephone Consumer Protection Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection associated with the Commission's document
Telephone Consumer Protection Act of 1991 (Report and Order). This
notice is consistent with the Report and Order, which stated that the
Commission would publish a document in the Federal Register announcing
the effective date of those amendments.
DATES: The amendments to 47 CFR 64.1200(a)(2) and (3) published at 77
FR 34233, June 11, 2012, are effective October 16, 2013, 47 CFR
64.1200(a)(7) published at 77 FR 34233, June 11, 2012, is effective
November 15, 2012, and 47 CFR 64.1200(b)(3), published at 77 FR 34233,
June 11, 2012, is effective January 14, 2013.
FOR FURTHER INFORMATION CONTACT: Karen Johnson, Consumer and
Governmental Affairs Bureau, at (202) 418-7706, or email
Karen.Johnson@fcc.gov.
SUPPLEMENTARY INFORMATION: This document announces that, on September
17, 2012, OMB approved, for a period of three years, the information
collection requirements contained in the Commission's Report and Order,
FCC 12-21, published at 77 FR 34233, June 11, 2012. The OMB Control
Number is 3060-0519. The Commission publishes this notice as an
announcement of the effective date of those amendments. If you have any
comments on the burden estimates listed below, or how the Commission
can improve the collections and reduce any burdens caused thereby,
please contact Cathy Williams, Federal Communications Commission, Room
1-C823, 445 12th Street SW., Washington, DC 20554. Please include the
OMB Control Number, 3060-0519, in your correspondence. The Commission
will also accept your comments via the Internet if you send them to
PRA@fcc.gov.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to fcc504@fcc.gov or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received OMB approval on
September 17, 2012, for the information collection requirements
contained in the
[[Page 63241]]
Commission's revised rules at 47 CFR 64.1200(a)(2), 64.1200(a)(3),
64.1200(a)(7), and 47 CFR 64.1200(b)(3).
Under 5 CFR 1320, an agency may not conduct or sponsor a collection
of information unless it displays a current, valid OMB Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-0519.
The foregoing notice is required by the Paperwork Reduction Act of
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0519.
OMB Approval Date: September 17, 2012.
OMB Expiration Date: September 30, 2015.
Title: Rules and Regulations Implementing the Telephone Consumer
Protection Act (TCPA) of 1991, CG Docket No. 02-278.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Individuals or
households; Not-for-profit institutions.
Number of Respondents and Responses: 50,151 respondents;
147,453,559 responses.
Estimated Time per Response: .004 hours (15 seconds) to 1 hour.
Frequency of Response: Recordkeeping requirement; Annual, on-
occasion and one-time reporting requirement; Third party disclosure
requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for the information collection requirements is
found in the Telephone Consumer Protection Act of 1991 (TCPA), Public
Law 102-243, December 20, 1991, 105 Stat. 2394, which added Section 227
of the Communications Act of 1934, [47 U.S.C. 227] Restrictions on the
Use of Telephone Equipment.
Total Annual Burden: 712,140 hours.
Total Annual Cost: $3,989,700.
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's system of
records notice (SORN), FCC/CGB-1, ``Informal Complaints and
Inquiries.'' As required by the Privacy Act, 5 U.S.C. 552a, the
Commission also published a SORN, FCC/CGB-1 ``Informal Complaints and
Inquiries'', in the Federal Register on December 15, 2009 (74 FR 66356)
which became effective on January 25, 2010. A system of records for the
do-not-call registry was created by the Federal Trade Commission (FTC)
under the Privacy Act. The FTC originally published a notice in the
Federal Register describing the system. See 68 FR 37494, June 24, 2003.
The FTC updated its system of records for the do-not-call registry in
2009. See 74 FR 17863, April 17, 2009.
Privacy Impact Assessment: Yes. The Privacy Impact Assessment (PIA)
was completed on June 28, 2007. It may be reviewed at: https://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
Note: The Commission will prepare a revision to the SORN and PIA
to cover the PII collected related to this information collection,
as required by OMB's Memorandum M-03-22 (September 26, 2003) and by
the Privacy Act, 5 U.S.C. 552a.
Needs and Uses: The reporting requirements included under this OMB
Control Number 3060-0519 enable the Commission to gather information
regarding violations of Section 227 of the Communications Act, the Do-
Not-Call Implementation Act, and the Commission's implementing rules.
If the information collection were not conducted, the Commission would
be unable to track and enforce violations of Section 227 of the
Communications Act, the Do-Not-Call Implementation Act, or the
Commission's implementing rules. The Commission's implementing rules
provide consumers with several options for avoiding most unwanted
telephone solicitations.
The national do-not-call registry supplements the company-specific
do-not-call rules for those consumers who wish to continue requesting
that particular companies not call them. Any company that is asked by a
consumer, including an existing customer, not to call again originally
had to honor that request for five years. In a subsequent order, the
Commission required sellers and/or telemarketers to honor registrations
with the National Do-Not-Call Registry indefinitely.
A provision of the Commission's rules, however, allows consumers to
give specific companies permission to call them through an express
written agreement. Nonprofit organizations, companies with whom
consumers have an established business relationship, and calls to
persons with whom the telemarketer has a personal relationship are
exempt from the ``do-not-call'' registry requirements.
On September 21, 2004, the Commission released the Safe Harbor
Order establishing a limited safe harbor in which persons will not be
liable for placing autodialed and prerecorded message calls to numbers
ported from a wireline service within the previous 15 days. The
Commission also amended its existing National Do-Not-Call Registry safe
harbor to require telemarketers to scrub their lists against the
Registry every 31 days.
On December 4, 2007, the Commission released a notice of proposed
rulemaking seeking comment on its tentative conclusion under the Do-
Not-Call Improvement Act of 2007 that registrations with the Registry
should be honored indefinitely, unless a number is disconnected or
reassigned, or the consumer cancels his registration.
On June 17, 2008, in accordance with the Do-Not-Call Improvement
Act of 2007, the Commission revised its rules to minimize the
inconvenience to consumers of having to re-register their preferences
not to receive telemarketing calls and to further the underlying goal
of the National Do-Not-Call Registry to protect consumers' privacy
rights. The Commission released a Report and Order in CG Docket No. 02-
278, FCC 08-147, amending the Commission's rules under the Telephone
Consumer Protection Act (TCPA) to require sellers and/or telemarketers
to honor registrations with the National Do-Not-Call Registry so that
registrations will not automatically expire based on the then-existing
five-year registration period. Specifically, the Commission modified
Sec. 64.1200(c)(2) of its rules to require sellers and/or
telemarketers to honor numbers registered on the Registry indefinitely
or until the number is removed by the database administrator or the
registration is cancelled by the consumer.
Most recently, on February 15, 2012, the Commission released a
Report and Order in CG Docket No. 02-278, FCC 12-21, revising its rules
to: (1) Require prior express written consent for all autodialed or
pre-recorded telemarketing calls to wireless numbers and for all pre-
recorded telemarketing calls to residential lines; (2) eliminate the
established business relationship exception to the consent requirement
for pre-recorded telemarketing calls to residential lines; (3) require
telemarketers to include an automated, interactive opt-out mechanism in
all pre-recorded telemarketing calls, to allow consumers more easily to
opt-out of future robocalls during a robocall itself; and (4) require
telemarketers to comply with the 3% limit on abandoned calls during
each calling campaign, in order to discourage intrusive calling
campaigns.
[[Page 63242]]
Finally, the Commission exempted from the Telephone Consumer
Protection Act requirements pre-recorded calls to residential lines
made by health-care-related entities governed by the Health Insurance
Portability and Accountability Act of 1996.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the Secretary, Office of Managing
Director.
[FR Doc. 2012-25316 Filed 10-15-12; 8:45 am]
BILLING CODE 6712-01-P
