Trade regulation rules: call rule,

[Federal Register: January 4, 1999 (Volume 64, Number 1)]

[Proposed Rules]

[Page 61-62]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04ja99-29]

FEDERAL TRADE COMMISSION

16 CFR Part 308

Pay-Per-Call Rule

AGENCY: Federal Trade Commission.

ACTION: Notice of extension of comment period; change in date for public workshop; and availability of additional material.

SUMMARY: The Federal Trade Commission (``the Commission'' or ``FTC'') has extended the date by which comments must be submitted concerning the review of its Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992 (``Pay-Per-Call Rule''). This document informs prospective commenters of the change and sets a new date of March 10, 1999 for the end of the comment period, and new dates of May 20 and 21, 1999 for the public workshop. This document also informs interested parties of typesetting errors in the Commission's Notice of Proposed Rulemaking (``NPRM'') on the Pay-Per- Call Rule. Finally, this document informs interested parties that, for the convenience of the commenters, certain materials that were cited in the NPRM will now be made available for public inspection at the address listed below.

DATES: Written comments will be received until the close of business on March 10, 1999. Notification of interest in participating in the public workshop must be submitted separately on or before March 10, 1999. The public workshop will be held at the Federal Trade Commission on May 20 and 21, 1999, from 9:00 a.m. until 5:00 p.m. each day.

ADDRESSES: Six paper copies of each written comment should be submitted to the Office of the Secretary, Room 159, Federal Trade Commission, 600 Pennsylvania Ave., NW, Washington,

[[Page 62]]

DC 20580. If possible, comments should also be submitted in electronic form, pursuant to the instructions contained in the NPRM. Comments should be identified as ``Pay-Per-Call Rule Review--Comment. FTC File No. R6111016.'' Notifications of interest in participating in the public workshop should be addressed to Carole Danielson, Division of Marketing Practices, Federal Trade Commission, 600 Pennsylvania Ave., NW, Washington, DC 20580. Materials cited in the NPRM are available for public inspection at the FTC's Public Reference Section, Room 130, Federal Trade Commission, 600 Pennsylvania Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Adam G. Cohen, (202) 326-3411, Marianne K. Schwanke, (202) 326-3165, or Carole I. Danielson, (202) 326-3115, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC.

SUPPLEMENTARY INFORMATION: On October 30, 1998, at 63 FR 58524, the Commission published a request for comment on its Notice of Proposed Rulemaking (``NPRM'') regarding proposed amendments to its Pay-Per-Call Rule. The Pay-Per-Call Rule governs the advertising and operation of pay-per-call services, and establishes billing dispute procedures for those services as well as for other telephone-billed purchases. The comment period is currently scheduled to close on January 8, 1999, and the public workshop is scheduled for February 25 and 26, 1999.

On December 14, 1998, a diverse group representing a broad cross- section of interests \1\ fileda Joint Request for Extension of Comment Deadline, in which they requested an extension of the comment period by thirty (30) days to February 8, 1999. The parties indicated that additional time was required to prepare thorough, thoughtful responses to the comprehensive and complex set of proposals contained in the NPRM. Subsequently, the Commission received two additional requests for extension; the first also seeking an additional 30 days,\2\ and the second seeking a 60-day extension of the comment period.\3\

\1\ The Joint Request signatories include: the American Association of Retired Persons, the Billing Reform Task Force, the Coalition to Ensure Responsible Billing, AT&T Corp., the Promotion Marketing Association, and the Teleservices Industry Association.

\2\ On December 15, 1998, a request for a 30-day extension was received from the law firm of Kelley Drye & Warren, LLP, on behalf of Cable & Wireless (West Indies) Ltd.

\3\ The Electronic Commerce Association submitted a request on behalf of its members, on December 16, 1998, requesting a 60-day extension of the comment period.

The Commission is mindful of the need to resolve this matter expeditiously. However, the Commission is also aware that the issues raised by the NPRM are complex and it welcomes as much substantive input as possible to facilitate its decision-making process. Accordingly, in order to provide sufficient time for these and other interested parties to prepare useful comments, the Commission has decided to extend the deadline for comments by sixty (60) days, until March 10, 1999. The Commission has likewise rescheduled the public workshop for May 20 and 21, 1999.

It should be noted that the NPRM as published in the Federal Register on October 30, 1998, omitted italicization that the Commission had included in many places throughout the text for emphasis or organizational clarity. The italics were erroneously removed in the printing process. An accurate and properly italicized version of the Commission's NPRM is available in the Commission's Public Reference room and on the Commission's Web page, at www.ftc.gov. Commenters wishing to cite to the NPRM, however, should cite to the Federal Register version of the document.

Finally, for the convenience of interested parties, certain materials cited in the NPRM will be made available for public inspection at the FTC's Public Reference Section, Room 130, Federal Trade Commission, 600 Pennsylvania Ave., NW, Washington, DC 20580. These materials include, but are not limited to, pleadings and other filings from Commission and state enforcement actions, as well as newspaper and magazine articles. In addition, the Commission may make available other materials that may be useful to commenters, such as consumer complaints. The Commission may continue to update these materials periodically, as appropriate.

List of Subjects in 16 CFR Part 308

Advertising, 900 telephone numbers, Pay-per-call services, Telephone, Telephone-billed purchases, Toll-free numbers, Trade practices.

Authority: Pub. L. 102-556, 106 Stat. 4181 (15 U.S.C. 5701, et seq.); Sec. 701, Pub. L. 104-104, 110 Stat. 56 (1996).

By the direction of the Commission. Donald S. Clark, Secretary.

[FR Doc. 98-34408Filed12-31-98; 8:45 am]

BILLING CODE 6750-01-M