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CGB Seeks Comments on Petition from United Healthcare Services, Inc

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Released: February 6, 2014


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-149

Released: February 6, 2014




CG Docket No. 02-278

Comment Date: March 10, 2014
Reply Comment Date: March 24, 2014

With this Public Notice, we seek comment on a Petition for Expedited Declaratory Ruling filed
by United Healthcare Services, Inc. (United)1 asking the Commission to clarify the applicability of the
Telephone Consumer Protection Act (TCPA)2 and the Commission’s rules3 to “informational, non-
telemarketing autodialed and prerecorded calls to wireless numbers for which valid prior express consent
has been obtained but which, unbeknownst to the calling party, have subsequently been reassigned from
one wireless subscriber to another.”4 The TCPA and the Commission’s rules require prior express
consent to place non-telemarketing autodialed or prerecorded calls to wireless numbers.5
United indicates that it obtains prior express consent from individuals before placing healthcare-
related informational calls to wireless telephone numbers using an automatic telephone dialing system or
an artificial or prerecorded voice.6 “Unbeknownst to United,” however, “the wireless telephone numbers
for which it obtained ‘prior express consent’ are sometimes reassigned from one subscriber to another.”7
United states that “organizations cannot always know whether a telephone number has been reassigned.”8
United, therefore, asks the Commission to clarify that parties are not liable under the TCPA for
“informational, non-telemarketing calls, especially healthcare-related calls, to telephone numbers that

1 See United Healthcare Services, Inc., Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (filed Jan.
16, 2014) (Petition). United provides an “array of health and well-being products and services.” Petition at 1.
2 Codified as 47 U.S.C. § 227.
3 47 C.F.R. § 64.1200.
4 Petition at 1. “Autodialed” calls are calls placed using an automatic telephone dialing system.
5 47 U.S.C. § 227(b)(1)(A); 47 C.F.R. § 64.1200(a)(1), (2).
6 Petition at 2.
7 Id.
8 Id. at 5.

have been reassigned without the caller’s knowledge—as long as the caller previously obtained ‘prior
express consent’ to place calls to that specific telephone number.”9
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 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.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

9 Id. at 8.
10 47 C.F.R. §§ 1.415, 1.419.
11 47 C.F.R. §§ 1.1200 et seq.

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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