NEWSReport No. DC 95-107 ACTION IN DOCKET CASE August 7, 1995 COMMISSION FINALIZES TELEPHONE CONSUMER PROTECTION ACT RULES (CC DOCKET NO. 92-90) The Commission has finalized its rules implementing the Telephone Consumer Protection Act of 1991, balancing the need to protect consumers' privacy with the fair business practices of telemarketers. The Telephone Consumer Protection Act of 1991 (TCPA) placed restrictions on unwanted telephone solicitations, automatic telephone dialing systems, artificial or prerecorded voice messages, and the use of telephone facsimile machines to send unsolicited advertisements. In 1992, the Commission adopted regulations to implement TCPA. In the Reconsideration Order announced today, the Commission resolved a number of issues raised regarding the 1992 Order. The Commission's actions clarify certain critical aspects of the regulations implementing TCPA and ensure that the costs of privacy protection are not borne by the residential subscriber. Specifically, the Commission: o Clarified that telephone solicitations made by or on behalf of tax-exempt nonprofit organizations are not subject to the rules governing telephone solicitations. o Clarified that calls made by debt collection agencies are exempt from these rules. o Required that do-not-call requests must be maintained for 10 years. o Clarified that telephone facsimile machines need not contain a disabling device to prevent facsimile transmission without the required identification. Machines manufactured after the effective date of the rules need only provide the capability to clearly mark identifying information of the user. The Commission also confirmed that facsimile computer modem boards (fax boards) are subject to the same rules as telephone facsimile machines. o Clarified that the entity on whose behalf a facsimile message is transmitted is ultimately responsible for compliance with the rules banning unsolicited facsimile advertisements. - 2 - Action by the Commission July 26, 1995, by Memorandum Opinion and Order (FCC 95-310). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Susan Lewis Sallet at (202) 418-1500. Common Carrier Bureau contact: Scott Shefferman at (202) 418-2332.