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CGB Seeks Comment on CallAssistant Request for Clarification

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Released: October 16, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1654

Released: October 16, 2012



CG Docket No. 02-278

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

With this Public Notice, we seek comment on the attached request for clarification filed by
CallAssistant, LLC.1 CallAssistant asks the Commission to clarify the applicability of the Telephone
Consumer Protection Act2 and the Commission’s related rules3 to CallAssistant’s use of operator-
supervised prerecorded call segments.4 CallAssistant states that its calling technology, which is also used
by other entities, enables calling agents to interact with the recipient of a call by using the agent’s own
voice or by pressing a button to substitute an appropriate audio recording of a response.5 CallAssistant
further states that a single agent always stays with a call from beginning to end.6
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,7 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).

1 See Letter from Mike Bills, CallAssistant, LLC, to Marlene H. Dortch, Office of the Secretary, Federal
Communications Commission (June 18, 2010) (Petition); see also,
Although this submission was not filed as a petition for declaratory ruling pursuant to section 1.2 of the
Commission’s rules, 47 C.F.R. § 1.2, we elect to seek comment on it because, in our view, the fact pattern and
technology raised by CallAssistant would benefit from public comment.
2 Codified as 47 U.S.C. § 227.
3 47 C.F.R. § 64.1200.
4 Petition at 1.
5 Id. at 1-2.
6 Id. at 2-3.
7 47 C.F.R. §§ 1.415, 1.419

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
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 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.8 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

8 Id. §§ 1.1200 et seq.


Richard D. Smith, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, (717) 338-2797, or

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