Common carrier services: Telephone Consumer Protection Act; implementation— Unsolicited facsimile advertisements; correction,

[Federal Register: September 28, 2006 (Volume 71, Number 188)]

[Rules and Regulations]

[Page 56893]

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

[DOCID:fr28se06-15]

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.

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