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CGB Seeks Comment on Revised TCPA Exemption Proposal from the CAA

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Released: December 3, 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 13-2312

Released: December 3, 2013



CG Docket No. 02-278

Comments Due: December 17, 2013
Reply Comments Due: December 24, 2013

With this Public Notice, we seek comment on a revised exemption proposal described in an ex
parte presentation filed by the Cargo Airline Association (CAA) on November 19, 2013,1 in connection
with the proceeding concerning CAA’s Petition for Expedited Declaratory Ruling.2
CAA’s Petition sought, among other things, a declaration that autodialed or prerecorded calls to a
wireless telephone number for the purpose of notifying the recipient regarding delivery of a package are
exempt from the requirement under the Telephone Consumer Protection Act (TCPA) 3 and the
Commission’s associated rules4 to obtain prior express consent before making autodialed or prerecorded
calls to a wireless telephone number.5 Section 227(b)(2)(C) of the TCPA states that the Commission
“may, by rule or order, exempt from the [section (b)(1)(A)(iii) prior express consent requirement] calls to
a telephone number assigned to a cellular telephone service that are not charged to the called party,
subject to such conditions as the Commission may prescribe as necessary in the interest of the privacy
rights this section is intended to protect.”6

1 Notice of Ex Parte Presentation, CG Docket No. 02-278, filed by Mark W. Brennan, Counsel to the Cargo Airline
Association on Nov. 19, 2013 (November 19 Presentation). According to its petition, CAA is “the nationwide trade
organization representing the interests of the United States all-cargo air transportation industry.” Its members
include ABX Air, Atlas Air, Capital Cargo, DHL, FedEx Express, Kalitta Air, and UPS Airlines.
2 See Cargo Airline Association, Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (filed Aug. 17,
2012) (Petition).
3 See 47 U.S.C. § 227(b)(1)(A)(iii). The TCPA is codified as 47 U.S.C. § 227.
4 47 C.F.R. § 64.1200(a)(1)(iii).
5 Petition at 1-2, 6-9. The Bureau sought comment on the Petition on October 16, 2012. See Consumer and
Governmental Affairs Bureau Seeks Comment on Petition for Declaratory Rulemaking from Cargo Airlines
, CG Docket No. 02-278, Public Notice, 27 FCC Rcd 13028 (CGB 2012).
6 47 U.S.C. § 227(b)(2)(C).

Federal Communications Commission

DA 13-xx

CAA’s November 19 Presentation provides additional information in support of its exemption
request. It states that “there are several options available today to send free-to-end-user (‘FTEU’) text
messages to wireless telephone numbers. For example, third-party solutions
providers offer companies, for a fee, the ability to send FTEU text messages to subscribers of all four
national U.S. wireless carriers.”7 While CAA states that, “subscribers of these four carriers represent
approximately 88% of the wireless telephone numbers that are provided today as contact information for
residential package deliveries,” it argues that “[s]olutions for other carriers may also be available, and any
exemption should provide flexibility for CAA members to work with carriers and third parties to develop
additional FTEU voice and text solutions.”8 CAA proposes that the Commission adopt seven conditions
as part of an exemption for voice call and text message package delivery notifications.9 We seek further
comment on CAA’s exemption proposal, including the additional information and proposed conditions
described in its November 19 Presentation.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,10 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
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.

7 November 19 Presentation at 2.
8 Id.
9 See id.
10 47 C.F.R. §§ 1.415, 1.419.

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DA 13-xx

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.11 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


B. Lynn Follansbee, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, 202-418-1514, and

11 47 C.F.R. §§ 1.1200 et seq.

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