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CGB Seeks Comment on Petition re:Opt-Out Notices on Fax Advertisements

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Released: March 28, 2014


Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-416

March 28, 2014




CG Docket No. 02-278
CG Docket No. 05-338

Comment Date

: April 11, 2014
Reply Comment Date

April 18

, 2014
On February 24, 2014, Crown Mortgage Company (Crown) filed a petition seeking a declaratory
ruling and/or waiver concerning section 64.1200(a)(4)(iv) of the Commission’s rules, which requires fax
advertisements sent to a consumer who has provided prior express invitation or permission to include an
opt-out notice.1 With this Public Notice, we seek comment on this petition as described below.
Crown seeks a declaratory ruling clarifying that section 64.1200(a)(4)(iv) of the Commission’s
rules does not apply to fax advertisements sent with the prior express consent or permission of the
recipient because such faxes constitute “solicited” faxes that Crown contends are not required to include
opt-out notices.2 Specifically, Crown argues that application of the opt-out requirements to solicited faxes
exceeds the Commission’s statutory authority and violates the First Amendment.3 Alternatively, Crown
requests that the Commission clarify that the statutory basis for this rule is not section 227 of the
Communications Act, as amended.4 Should the Commission decline its request for declaratory ruling,
Crown seeks a retroactive waiver for fax advertisements sent where prior express consent has been
obtained from the recipient.5 In support of this request, Crown contends that strict compliance with

1 See Petition of Crown Mortgage Company for Declaratory Ruling and/or Waiver of the “Opt Out” Requirement,
CG Docket Nos. 02-278, 05-338 (filed Feb. 24, 2014) (Crown Petition); see also 47 C.F.R. § 64.1200(a)(4)(iv).
2 Id. at 11-14.
3 Id. at 11-16.
4 Id. at 16-17.
5 Id. at 17-20.

section 64.1200(a)(4)(iv) with respect to solicited faxes would be “inequitable, unduly burdensome, and
contrary to the public interest.”6
We note that the Commission has recently sought comment on several related petitions that raise
similar issues to those set forth in the Crown Petition.7 As a result, commenters need not refile comments
already submitted in response to that Public Notice for consideration in this matter.
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
 Paper Filers: Parties who choose to file by paper must file an original and one copy of
each filing.
 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.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

6 Id. at 19.
7 See Consumer and Governmental Affairs Bureau Seeks Comment on Petitions Concerning the Commission’s Rule
on Opt-Out Notices on Fax Advertisements
, CG Docket Nos. 02-278, 05-338, Public Notice, DA 14-120 (rel. Jan.
14, 2014).
8 47 C.F.R. §§ 1.1200 et seq.

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


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

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