CGB Seeks Comment on Pet for Exp Dec Ruling Filed By Vincent Lucas
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: July 9, 2014
CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PETITION
FOR EXPEDITED DECLARATORY RULING FILED BY VINCENT LUCAS
CG Docket No. 02-278
Comment Date: August 8, 2014
Reply Comment Date: August 25, 2014
On June 18, 2014, Vincent Lucas (Lucas) filed a petition for declaratory ruling requesting that the
Commission clarify certain aspects of the Telephone Consumer Protection Act (TCPA).1 Lucas asks the
Commission to clarify that a person is vicariously or contributorily liable if that person provides
substantial assistance or support to any seller or telemarketer when that person knows or consciously
avoids knowing that the seller or telemarketer is engaged in any act or practice that violates the TCPA.2
Lucas argues that the Commission has the authority to determine vicarious liability under the TCPA and
that such liability should apply to those who assist telemarketers in violating the TCPA.3 In addition,
Lucas makes the argument that recognizing vicarious liability for assisting illegal telemarketing will
greatly assist in enforcement of the TCPA.4 Lucas asserts that the Commission can make the requested
clarification without a separate rulemaking proceeding.5
We seek comment on these and the other issues
raised in the Petition.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. 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 ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed by Vincent Lucas on June 18, 2014
(Petition). The TCPA is codified as 47 U.S.C. § 227.
2 Petition at 1.
3 Id. at 9-18.
4 Id. at 17-18.
5 Id. at 18.
Paper Filers: Parties who choose to file by paper must file an original and one copy of
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 Street, 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 email@example.com 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.6 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, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, (202) 418-1514; firstname.lastname@example.org.
6 47 C.F.R. §§ 1.1200 et seq.
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