Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: October 23, 2012
CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON
PETITION FOR CONSIDERATION AND CLARIFICATION FROM WESTFAX, INC.
CG Docket No. 02-278
CG Docket No. 05-338
Comments Due: November 23, 2012
Reply Comments Due: December 10, 2012
With this Public Notice, we seek comment on the petition for consideration and clarification filed
by Westfax, Inc.1 Westfax asks the Commission to clarify the applicability of the Telephone Consumer
Protection Act (TCPA),2 the Junk Fax Prevention Act of 2005, and the Commission’s related rules3 to
facsimile messages that are converted to electronic mail.4 Westfax asks for this clarification to “ensure
that lawful facsimile transmissions may continue to be sent.”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).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
Petition for Consideration and Clarification, CG Docket No. 02-278 and Docket No. 05-338, filed by Westfax,
Inc. on Sept. 25, 2009 (Petition
2 Codified as 47 U.S.C. § 227.
3 47 C.F.R. § 64.1200.
6 47 C.F.R. §§ 1.415, 1.419
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.
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.
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.
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 firstname.lastname@example.org
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
FOR FURTHER INFORMATION CONTACT:
B. Lynn Follansbee Ratnavale, Consumer and
Governmental Affairs Bureau, Federal Communications Commission, (202) 418-1514 or email@example.com
§§ 1.1200 et seq