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24634 Federal Register / Vol. 71, No.

80 / Wednesday, April 26, 2006 / Proposed Rules

FEDERAL COMMUNICATIONS documents, sign language interpreters, Portal: http://www.regulations.gov.


COMMISSION CART, etc.) by e-mail: FCC504@fcc.gov Filers should follow the instructions
or phone: 202–418–0530 or TTY: 202– provided on the Web site for submitting
47 CFR Part 64 418–0432. comments.
For detailed instructions for • For ECFS filers, if multiple docket
[CG Docket No. 02–278; DA 06–808]
submitting comments and additional or rulemaking numbers appear in the
Rules and Regulations Implementing information on the rulemaking process, caption of this proceeding, filers must
the Telephone Consumer Protection see the SUPPLEMENTARY INFORMATION transmit one electronic copy of the
Act of 1991 section of this document. comments for each docket or
FOR FURTHER INFORMATION CONTACT: rulemaking number referenced in the
AGENCY: Federal Communications Erica McMahon, Consumer Policy caption. In completing the transmittal
Commission. Division, Consumer & Governmental screen, filers should include their full
ACTION: Proposed rule; comments Affairs Bureau, (202) 418–0346 (voice), name, U.S. Postal Service mailing
requested. Erica.McMahon@fcc.gov. address, and the applicable docket or
rulemaking number. Parties may also
SUPPLEMENTARY INFORMATION: This is a
SUMMARY: In this document, the submit an electronic comment by
summary of the Commission’s
Commission seeks comment on ACA Internet e-mail. To get filing
document, DA 06–808, released April 5,
International’s (ACA) petition for an instructions, filers should send an e-
2006. The full text of document DA 06–
expedited clarification and declaratory mail to ecfs@fcc.gov, and include the
808, ACA International’s submission,
ruling concerning the Telephone following words in the body of the
and copies of any subsequently filed
Consumer Protection Act (TCPA) rules. message, ‘‘get form.’’ A sample form and
documents in this matter will be
DATES: Comments are due on or before directions will be sent in response.
available for public inspection and • Paper Filers: Parties who choose to
May 11, 2006, and reply comments are copying during regular business hours
due on or before May 22, 2006. file by paper must file an original and
at the FCC Reference Information four copies of each filing. If more than
ADDRESSES: You may submit comments, Center, Portals II, 445 12th Street, SW., one docket or rulemaking number
identified by CG Docket No. 02–278, by Room CY–A257, Washington, DC 20554. appears in the caption of this
any of the following methods: Document DA 06–808, ACA proceeding, filers must submit two
• Federal eRulemaking Portal: http:// International’s submission, and copies additional copies for each additional
www.regulations.gov. Follow the of subsequently filed documents in this docket or rulemaking number. Filings
instructions for submitting comments. matter may also be purchased from the can be sent by hand or messenger
• Federal Communications Commission’s contractor at Portals II, delivery, by commercial overnight
Commission’s Web Site: http:// 445 12th Street, SW., Room CY–B402, courier, or by first-class or overnight
www.fcc.gov/cgb/ecfs/. Follow the Washington, DC 20554. Customers may U.S. Postal Service mail (although the
instructions for submitting comments. contact the Commission’s contractor at Commission continues to experience
• Mail: Parties who choose to file by their Web site http://www.bcpiweb.com delays in receiving U.S. Postal Service
paper should also submit their comment or call 1–800–378–3160. A copy of ACA mail). All filings must be addressed to
on diskette. These diskettes should be International’s submission may also be the Commission’s Secretary, Office of
submitted, along with three paper found by searching ECFS at http:// the Secretary, Federal Communications
copies to Kelli Farmer, Consumer & www.fcc.gov/cgb/ecfs (insert CG Docket Commission.
Governmental Affairs Bureau, Policy No. 02–278 into the proceeding block). • The Commission’s contractor will
Division, 445 12th Street, SW., Room 5– To request materials in accessible receive hand-delivered or messenger-
A866, Washington, DC 20554. Such a formats for people with disabilities delivered paper filings for the
submission should be on a 3.5 inch (Braille, large print, electronic files, Commission’s Secretary at 236
diskette formatted in an IBM compatible audio format), send an e-mail to Massachusetts Avenue, NE., Suite 110,
formatted using Word 97 or compatible fcc504@fcc.gov or call the Consumer & Washington, DC 20002. The filing hours
software. The diskette should be Governmental Affairs Bureau at 202– at this location are 8 a.m. to 7 p.m. All
accompanied by a cover letter and 418–0530 (voice), 202–418–0432 (TTY). hand deliveries must be held together
should be submitted in ‘‘read only’’ Document DA 06–808 can also be with rubber bands or fasteners. Any
mode. The diskette should be clearly downloaded in Word or Portable envelopes must be disposed of before
labeled with the commenter’s name, Document Format (PDF) at http:// entering the building.
proceeding (including the lead docket www.fcc.gov/cgb/policy. Pursuant to • Commercial overnight mail (other
number in this case CG Docket No. 02– §§ 1.415 and 1.419 of the Commission’s than U.S. Postal Service Express Mail
278), type of pleading (comment or rules, 47 CFR 1.415, 1.419, interested and Priority Mail) must be sent to 9300
reply comment), date of submission, parties may file comments and reply East Hampton Drive, Capitol Heights,
and the name of the electronic file on comments on or before the dates MD 20743.
the diskette. The label should also indicated on the first page of this • U.S. Postal Service first-class,
include the following phrase: ‘‘Disk document. Comments may be filed Express, and Priority mail should be
Copy—Not an Original.’’ Each diskette using: (1) The Commission’s Electronic addressed to 445 12th Street, SW.,
should contain only one party’s Comment Filing System (ECFS), (2) the Washington, DC 20554.
pleadings, preferably in a single Federal Government’s eRulemaking
electronic file. In addition, commenters Portal, or (3) by filing paper copies. See Synopsis
hsrobinson on PROD1PC68 with PROPOSALS

must send diskette copies to the Electronic Filing of Documents in On October 4, 2005, ACA filed a
Commission’s contractor at Portals II, Rulemaking Proceedings, 63 FR 24121 petition for expedited declaratory ruling
445 12th Street, SW., Room CY–B402, (1998). seeking clarification of the rules under
Washington, DC 20554. • Electronic Filers: Comments may be the Telephone Consumer Protection Act
• People with Disabilities: Contact filed electronically using the Internet by (TCPA). See Petition for Expedited
the FCC to request reasonable accessing the ECFS: http://www.fcc.gov/ Declaratory Ruling, filed by ACA,
accommodations (accessible format cgb/ecfs/ or the Federal eRulemaking October 4, 2005 (Petition). Specifically,

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Federal Register / Vol. 71, No. 80 / Wednesday, April 26, 2006 / Proposed Rules 24635

ACA asks the Commission to clarify that (Published at 68 FR 44144, July 25, The complete text of this decision also
47 CFR 64.1200(a)(1)(iii) of the 2003). ACA believes this conclusion has may be purchased from the
Commission’s rules does not apply to created uncertainty for creditors that use Commission’s duplicating contractor,
creditors and collectors when calling predictive dialers to call wireless phone Best Copy and Printing, Inc., 445 12th
telephone numbers to recover payments numbers. Without clarification that Street, SW., Room CY–B402,
for goods and services received by creditors’ calls are not subject to the Washington, DC, 20554, (800) 378–3160,
consumers. Section 64.1200(a)(1)(iii) of restrictions on autodialed calls to or via the company’s Web site, http://
the Commission’s rules prohibit the wireless numbers, ACA maintains the www.bcpiweb.com. This document is
initiation of ‘‘any telephone call (other credit and collections industry will not subject to the Congressional Review
than a call made for emergency suffer severe economic harm based on Act. (The Commission, is, therefore, not
purposes or made with the prior express the inability to use autodialers to make required to submit a copy of this Report
consent of the called party) using an such calls. Accordingly, the and Order to GAO, pursuant to the
automatic telephone dialing system or Commission seeks comment on ACA’s Congressional Review Act, see 5 U.S.C.
an artificial or prerecorded voice, to any petition. 801(a)(1)(A) because the proposed rule
telephone number assigned to * * * Federal Communications Commission. was dismissed.)
cellular telephone service * * *.’’ See Jay Keithley, List of Subjects in 47 CFR part 73
47 CFR 64.1200(a)(1)(iii) of the
Deputy Bureau Chief, Consumer & Radio, Radio broadcasting.
Commission’s rules. The Commission’s Governmental Affairs Bureau.
rules on autodialed and prerecorded Federal Communications Commission.
[FR Doc. E6–6022 Filed 4–25–06; 8:45 am]
message calls to cell phone numbers John A. Karousos,
BILLING CODE 6712–01–P
incorporated the language of the TCPA Assistant Chief, Audio Division, Media
virtually verbatim. See also 47 U.S.C. Bureau.
227(b)(1)(iii) of the Communications FEDERAL COMMUNICATIONS [FR Doc. E6–6296 Filed 4–25–06; 8:45 am]
Act. (‘‘It shall be unlawful for any COMMISSION BILLING CODE 6712–01–P
person within the United States or any
person outside the United States if the 47 CFR Part 73
recipient is within the United States—
[DA 06–796; MB Docket No. 02–167, RM– DEPARTMENT OF COMMERCE
to make any call (other than a call made
10479, RM–10770]
for emergency purposes or made with National Oceanic and Atmospheric
the prior express consent of the called Radio Broadcasting Services; Administration
party) using any automatic telephone Eldorado, Fort Stockton, Mason and
dialing system or an artificial or Mertzon, TX 50 CFR Part 622
prerecorded voice—to any telephone
number assigned to a paging service, AGENCY: Federal Communications [I.D. 041906B]
cellular telephone service, specialized Commission. RIN 0648–AN09
mobile radio service, or other radio ACTION: Proposed rule; dismissal.
common carrier service, or any service Fisheries of the Caribbean, Gulf of
for which the called party is charged for SUMMARY: Audio Division, at the request Mexico, and South Atlantic; Reef Fish
the call[]’’.) of Katherine Pyeatt, dismisses the Resources of the Gulf of Mexico;
ACA maintains that autodialed petition for rule making proposing the Amendment 18A
telephone calls are the most efficient allotment of Channel 241A at Eldorado,
Texas (RM–10479). We also deny the AGENCY: National Marine Fisheries
way to contact customers. ACA Service (NMFS), National Oceanic and
indicates that creditors use autodialers counterproposal filed by BK Radio
proposing the substitution of Channel Atmospheric Administration (NOAA),
not for telemarketing purposes, but to Commerce.
recover payments for obligations owed 239C2 for Channel 240C2 at Mason, the
reallotment of Channel 240C2 from ACTION: Availability of Amendment 18A
to creditors. According to ACA, the calls to the reef fish resources of the Gulf of
do not involve advertising or soliciting Mason to Mertzon, and the modification
of Station KOTY(FM)’s license Mexico; request for comments.
the sale of products or services; instead,
they are placed to ‘‘complete a accordingly (RM–10770). We find that SUMMARY: NMFS announces the
transaction’’ in which the customer has the counterproposal does not constitute availability of Amendment 18A to the
received a product or service. ACA also a preferential arrangement of allotments Fishery Management Plan (FMP) for the
suggests that many customers today use because the reallotment of Channel Reef Fish Resources of the Gulf of
wireless phones as their primary or 240C2 to Mertzon as a third local FM Mexico (Amendment 18A) prepared by
preferred method of contact, and that transmission service would create a gray the Gulf of Mexico Fishery Management
wireless telephone numbers are area. Council (Council). Amendment 18A
typically provided by the customers—as FOR FURTHER INFORMATION CONTACT: would resolve several issues related to
part of a credit application, for Sharon P. McDonald, Media Bureau, monitoring and enforcement of existing
example—for purposes of receiving (202) 418–2180. regulations, update the framework
calls. In addition, ACA argues that SUPPLEMENTARY INFORMATION: This is a procedure for setting total allowable
Congress did not intend the TCPA’s synopsis of the Commission’s Report catch (TAC), and reduce bycatch
autodialer restriction to cover calls by or and Order, MB Docket No. 02–167, mortality of incidentally caught
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on behalf of creditors when attempting adopted April 5, 2006, and released endangered sea turtles and smalltooth
to recover payments. According to ACA, April 7, 2006. The full text of this sawfish. The intended effect of
in a 2003 Report and Order revising the Commission decision is available for Amendment 18A is to support the
TCPA rules, the Commission concluded inspection and copying during normal Council’s efforts to achieve optimum
that a predictive dialer is within the business hours in the FCC Information yield in the fishery, and provide social
meaning and statutory definition of Center, Portals II, 445 12th Street, SW., and economic benefits associated with
automatic telephone dialing equipment. Room CY–A257, Washington, DC 20554. maintaining stability in the fishery.

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