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CGB Seeks Comment on Petition for Expedited Rulemaking from PACE

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Released: November 19, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2220

Released: November 19, 2013




CG Docket No. 02-278

Comment Date: December 19, 2013
Reply Comment Date: 45 days after release of the January 4, 2014
With this Public Notice, and consistent with sections 1.2(b) and 1.403 of the Commission’s rules,
we seek comment on the Petition for Expedited Declaratory Ruling and/or Expedited Rulemaking filed by
the Professional Association for Customer Engagement (PACE).1 PACE seeks clarification through an
Expedited Declaratory Ruling that a dialing system is not an automatic telephone dialing system for
purposes of the Telephone Consumer Protection Act (TCPA)2 unless it has the capacity to dial numbers
without human intervention, regardless of whether a call is initiated by entering ten digits of a telephone
number or by a one-click dialing method.3 PACE also seeks clarification that, for TCPA purposes, a
dialing system’s “capacity” is limited to what it is capable of doing, without further modification, at the
time the call is placed.4 PACE asserts that the Commission could provide the requested clarification in a
Declaratory Ruling because no rule changes would be necessary.5
In the alternative, PACE requests an Expedited Rulemaking should the Commission disagree that
Declaratory Ruling is appropriate.6 PACE requests that, in an Expedited Rulemaking, the Commission
define the term “capacity” as used in the TCPA and the Commission’s rules as “the current ability to
operate or perform an action, when placing a call, without first being modified or technologically

1 See Professional Association for Customer Engagement, Petition for Expedited Declaratory Ruling and/or
Expedited Rulemaking, CG Docket No. 02-278 (filed Oct. 18, 2013) (Petition). PACE is a “non-profit trade
organization dedicated exclusively to the advancement of companies that utilize contact centers as an integral
channel of operations.” Petition at 4. The Petition is styled differently on the cover page than it is within the
Petition itself. The body of the Petition, however, is clear that PACE requests an expedited a rulemaking “[i]n the
alternative” to a declaratory ruling, rather than “and/or” a declaratory ruling. Compare Petition at 1 with 3.
2 Codified as 47 U.S.C. § 227.
3 Petition at 4.
4 Id.
5 Id. at 12.
6 Id. See also 47 C.F.R. § 1.2(a).

altered.”7 PACE further asks that the Expedited Rulemaking modify the definition of “automatic
telephone dialing system” in section 64.1200(f)(2) of the Commission’s rules by adding, to the end of the
definition, “without human intervention.”8
We seek comment on PACE’s Petition, including whether declaratory ruling or rulemaking is the
appropriate type of proceeding in which to consider the merits of its arguments.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,9 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
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 and
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.10 Persons making ex parte presentations must file a

7 Petition at 12-13.
8 Petition at 13; 47 C.F.R. § 64.1200(f)(2).
9 47 C.F.R. §§ 1.415, 1.419.
10 47 C.F.R. §§ 1.1200 et seq.

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


Kristi Lemoine, Consumer and Governmental Affairs
Bureau, Federal Communications Commission, 202-418-2467, and

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