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CGB Seeks Comment on Petition filed by a Coalition of Mobile Providers

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Released: November 1, 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 13-2118

Released: November 1, 2013




CG Docket No. 02-278

Comment Date: December 2, 2013
Reply Comment Date: December 17, 2013
With this Public Notice, we seek comment on a Petition for Declaratory Ruling filed by a
Coalition of Mobile Engagement Providers (Coalition)1 seeking clarification that the revised Telephone
Consumer Protection Act (TCPA)2 rules that were effective October 16, 2013,3 do not “nullify those
written express consents already provided by consumers before that date.”4 These revised rules require
prior express written consent that meets specified standards for certain autodialed or prerecorded
telemarketing calls.5 The Coalition asks specifically that the Commission clarify that the revised forms of
written consent, which became effective October 16, 2013, are applicable only to new customers and
therefore mobile marketers need not take additional steps to obtain the revised forms of written consent
from existing customers who have already provided express written consent under the previous rules that
does not meet the standards of the revised rules.6 The Coalition thus asks the Commission to clarify that
existing customers need not take additional steps to continue receiving the requested communications.7

1 See Coalition of Mobile Engagement Providers, Petition for Declaratory Ruling, CG Docket No. 02-278 (filed Oct.
17, 2013) (Petition). The Coalition “consists of communications infrastructure, technology, and professional
services companies that work with brands, retailers, banks, online services, and companies of all types to engage
with and interact with their customers using mobile messaging and other channels for communication with
consumers via mobile phones.” Petition at 2.
2 Codified as 47 U.S.C. § 227.
3 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278,
Report and Order, 27 FCC Rcd 1830 (2012) (2012 TCPA Order).
4 Petition at 1.
5 See 47 C.F.R. § 64.1200; 2012 TCPA Order (revising the Commission’s rules to require prior express written
consent for all autodialed or prerecorded telemarketing calls to wireless numbers and residential lines, and
maintaining flexibility in the form of consent needed for purely informational calls).
6 Petition at 1-2.
7 Id. at 1.

Pursuant to sections 1.415 and 1.419 of the Commission’s rules,8 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.9 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

8 47 C.F.R. §§ 1.415, 1.419.
9 47 C.F.R. §§ 1.1200 et seq.

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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