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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1653

Released: October 16, 2012

CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT

ON PETITION FOR DECLARATORY RULING FROM COMMUNICATION INNOVATORS

CG Docket No. 02-278

Comments Due: November 15, 2012
Reply Comments Due: November 30, 2012

With this Public Notice, we seek comment on a Petition for Declaratory Ruling filed by
Communication Innovators.1 Communication Innovators asks the Commission to clarify that predictive
dialers that are not used for telemarketing purposes and do not have the current ability to generate and dial
random or sequential numbers are not “automatic telephone dialing systems” 2 as defined by the
Telephone Consumer Protection Act3 and the Commission’s related rules.4 Communication Innovators
states that there are growing benefits of informational calls to wireless consumers that justify such a
clarification.5
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,6 interested parties may file
comments and reply comments on or before the respective dates indicated on the first page of this Notice.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
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Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
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Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing.


1 See Communication Innovators, Petition for Declaratory Ruling, CG Docket No. 02-278 (filed June 7, 2012)
(Petition), a copy of which is attached to this Public Notice.
2 Petition at 1.
3 Codified as 47 U.S.C. § 227.
4 47 C.F.R. § 64.1200.
5 Petition. at 5.
6 47 C.F.R. §§ 1.415, 1.419.

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Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be addressed to the
Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
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All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must
be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC
20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be disposed of before
entering the building.
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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.
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U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: 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 &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.7 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
parte rules.

FOR FURTHER INFORMATION CONTACT:

Karen F. Johnson, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, 202-418-7706, or karen.johnson@fcc.gov.
-FCC-


7 Id. §§ 1.1200 et seq.
2

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