FCC Web Documents citing 64.1601
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-154A1.pdf
- call quality complaint in rural areas. See supra note 17. The Commission nowrequires telecommunications carriers and providers of interconnected VoIP service to include the calling party's telephone number in all call signaling, and requires intermediate carriers to pass this signaling information, unaltered, to the next provider in a call path. See ICC/USF Transformation Order at paras. 719-720; see also47 C.F.R. §64.1601(a). 33The transition to a bill-and-keep methodology for most terminating charges is nine years for rate-of-return carriers. See ICC/USF Transformation Orderat para. 801 & Figure 9. See also47 C.F.R. §§51.907, 51.909. 34September 2011NARUC Letterat 2. 35This could include, inter alia, unreasonable delay to connect a call, as manifested by prolonged silence ("dead air") and/or prolonged ringing in advance of the called
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [CDS Marketing] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A Discount Travel initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Focus Financial initiated, or caused to be initiated, one or more calls or sent, or caused to be sent, one or
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Resort Marketing Group, aka C. L. Cruises, initiated, or caused to be initiated, one or more calls, or sent, or caused
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that McKay Financial Network initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that PCS, Inc. initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [Planet Pizza] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A. Mitlo Roofing initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Somaticare, Inc., aka DSM Supply, LLC, initiated, or caused to be initiated, one or more calls or sent, or caused to
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Mortgage initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Exchange initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-67A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-67A1.pdf
- orally by Dynasty's telemarketer. ``This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585.'' Dynasty April 12 NAL Response at 20. 47 U.S.C. § 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. § 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
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- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended (``Communications Act'' or ``Act'') and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. BACKGROUND The Telephone Consumer Protection Act of 1991 (``TCPA'') was enacted to address problems
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- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling.''). See, e.g., complaint dated April 11, 2010 from M. Strain (``I left multiple messages to take me off their calling list . . . but the calls continue.''). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. § 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3). 47 C.F.R. § 1.80. (...continued from previous
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- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. §§ 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an ``enhanced service'' not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. § 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by ``deeming'' AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 01-2322 Released: October 5, 2001 INSIGHT 100 Requests a Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number (CPN) CC Docket No. 91-281 NSD File No. NSD-L-01-153 Pleading Cycle Established COMMENTS DUE: October 15, 2001 REPLIES DUE: October 22, 2001 On July 13, 2001, INSIGHT 100, Inc. (INSIGHT 100), a non-profit corporation whose member universities and hospitals provide non-public communications services to their sites and campuses, filed a petition for a
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov TTY 202 / 418-2555 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 01-640 March 9, 2001 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d)(2) CC Docket No. 91-281 Public Comment Invited Comments due: April 9, 2001 Reply Comments due: April 24, 2001 On September 12, 2000, Macro International, Inc. (Macro) filed a petition for declaratory ruling regarding section 64.1601(d)(2) of the Commission's rules, 47 CFR 64.1601(d)(2). Macro's request for declaratory ruling pertains to the March 25, 1997 Third Report an Order in CC Docket
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit P Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of INSIGHT 100 Petition for Waiver of § 64.1601(b) Regarding the Transmission of Calling Party Number ) ) ) ) ) CC Docket No. 91-281 MEMORANDUM OPINION AND ORDER Adopted: January 4, 2002 Released: January 4, 2002 By the Acting Chief, Network Services Division: introduction INSIGHT 100, Inc., has filed a petition requesting a limited waiver of Section 64.1601(b) of the Commission's rules. Section 64.1601(b) governs the transmission of
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- As stated in the Report and Order, the Commission will publish a document in the Federal Register announcing the effective date of these rules. However, as noted in the Report and Order, the national do-not-call rules at 64.1200(c)(2) and the call abandonment rules at 64.1200(a)(5) and (a)(6) will become effective on October 1, 2003, and the caller ID requirements at 64.1601(e) will go into effect on January 29, 2004. For further information, contact Erica H. McMahon or Richard D. Smith, Policy Division, Consumer & Governmental Affairs Bureau, at (202) 418-2512. FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received approval from
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- number supplied must permit an individual to make a do-not-call request during regular business hours for the duration of the telemarketing campaign. The existence of an established business relationship does not obviate these requirements. For further information, contact Erica H. McMahon or Richard D. Smith, Policy Division, Consumer & Governmental Affairs Bureau, at (202) 418-2512. -FCC- See 47 C.F.R. § 64.1601(e). Tax-exempt nonprofit organizations are not required to comply with this rule. See 47 C.F.R. § 64.1601(e)(iii). Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (1991), codified at 47 U.S.C. § 227. The TCPA amended Title II of the Communications Act of 1934, 47 U.S.C. § 201 et seq. See Rules and Regulations Implementing the Telephone
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- if they passed CPN to the public switched network. In 2003, the Commission amended the rules to prohibit telemarketers from blocking Caller ID information. Need: The purpose of part 64, subpart P is to protect subscriber privacy while fostering the development of new and innovative services. Legal Basis: 47 U.S.C. 1, 4, 201-205, 218. Section Number and Title: 64.1600 Definitions. 64.1601 Delivery requirements and privacy restrictions. 64.1602 Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services. 64.1603 Customer notification. 64.1604 Effective date. PART 65 -- INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND METHODOLOGIES SUBPART C -- EXCHANGE CARRIERS Brief Description: Part 65 sets forth procedures and methodologies for prescribing and enforcing
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- the Commission released a Notice of Proposed Rulemaking on its interstate pay-per-call rules, seeking comment on possible modifications to address circumvention of the rules. Calling Party Telephone Number. In July of 2003, the Commission revised its rules under the Telephone Consumer Protection Act (TCPA) to address changes in the telemarketing marketplace. Among other things, the Commission adopted new rules at 64.1601(e) to require telemarketers to transmit caller identification (caller ID) information and, when available, by the telemarketer's carrier, the name of the telemarketer. In addition, telemarketers are prohibited from blocking the transmission of caller ID information. The Commission determined that caller ID allows consumers to screen out unwanted calls and to identify companies that they wish to ask not to call
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 06-2283 Released: November 7, 2006 Consumer & Governmental Affairs Bureau Seeks Comment on National Aeronautics and Space Administration, John F. Kennedy Space Center Petition for Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number CC Docket No. 91-281 Comment Date: 15 days from publication in the Federal Register Reply Comment Date: 25 days from publication in the Federal Register On October 25, 2006, the National Aeronautics and Space Administration, John F. Kennedy Space Center (KSC) filed a petition for a limited waiver of section 64.1601(b) of the
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- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
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- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
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- digits of an interstate call. Carriers providing line blocking services are required to recognize *82 as a caller's request that privacy not be provided and that the CPN be passed on an interstate call. Subpart P requires carriers to notify customers of their *67 and *82 capabilities and restricts the use of telephone subscriber information. In addition, the rules at 64.1601(e) require that telemarketers transmit caller identification (caller ID) information and, when available, by the telemarketer's carrier, the name of the telemarketer. In addition, telemarketers are prohibited from blocking the transmission of caller ID information. The Commission determined that caller ID allows consumers to screen out unwanted calls and to identify companies that they wish to ask not to call again.
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1924 Released: August 19, 2008 Consumer & Governmental Affairs Bureau Seeks Comment on Liberty Public School District Petition for Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number CC Docket No. 91-281 Comment Date: 15 days after publication in the Federal Register Reply Comment Date: 25 days after publication in the Federal Register On April 22, 2007, the Liberty Public School District (LPS) filed a petition for a limited waiver of section 64.1601(b) of the Commission's rules, which prohibits terminating carriers
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- service is provided as a standard feature of many telephone services, including mobile phone services. See Rules and Policies Regarding Calling Number Identification Service - Caller ID, CC Docket No. 91-281, Report and Order and Further Notice of Proposed Rulemaking, 9 FCC Rcd 1764 (1994) (First Caller ID Order); Second Caller ID Order, 10 FCC Rcd 11700. 47 C.F.R. § 64.1601. In February, 2011, the Commission adopted a notice of proposed rulemaking that proposed, among other things, revising this rule to expand the CPN transport requirement to apply to interconnected VoIP service providers and to intrastate traffic. See Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support;
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- further information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of CenturyLink Inc., CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Jan. 23, 2012) (Petition). 47 C.F.R. § 64.1601(a). See In the Matter of Connect America Fund, A National Broadband Plan for Our Future, Establishing Just and Reasonable Rates for Local Exchange Carriers, High-Cost Universal Service Support, Developing an Unified Intercarrier Compensation Regime, Federal-State Joint Board on Universal Service, Lifeline and Link-Up, Universal Service Reform - Mobility Fund, WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No.
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- ICC/USF Transformation Order at paras. 973-74. . The Commission now requires telecommunications carriers and providers of interconnected VoIP service to include the calling party's telephone number in all call signaling, and requires intermediate carriers to pass this signaling information, unaltered, to the next provider in a call path. See ICC/USF Transformation Order at paras. 719-720; see also 47 C.F.R. § 64.1601(a). The transition to a bill-and-keep methodology for most terminating charges is nine years for rate-of-return carriers. See ICC/USF Transformation Order at para. 801 & Figure 9. See also 47 C.F.R. §§ 51.907, 51.909. September 2011 NARUC Letter at 2. This could include, inter alia, unreasonable delay to connect a call, as manifested by prolonged silence (``dead air'') and/or prolonged ringing
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- 2012 Consumer & Governmental Affairs Bureau Seeks Comment on Petition for Waiver of Chevrah hatzalah volunteer ambulance CORPS, inc. Regarding the Transmission of Calling Party NumberS CC Docket No. 91-281 Comment Date: March 15, 2012 Reply Comment Date: March 30, 2012 On September 30, 2011, Chevrah Hatzalah Volunteer Ambulance Corps, Inc. (Hatzalah) filed a Petition for Limited Waiver of section 64.1601(b) of the Commission's rules, which prohibits terminating carriers from passing the calling party number (CPN) to the called party where a privacy indicator has been requested by the caller. Hatzalah requests a waiver to permit carriers to transmit to it the CPNs of callers whose numbers would otherwise be blocked. Hatzalah, a non-profit corporation, operates an ambulance service in New
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- February 14, 2012 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PETITION FOR WAIVER OF CHEVRAH HATZALAH VOLUNTEERAMBULANCE CORPS, INC. REGARDING THE TRANSMISSION OF CALLING PARTY NUMBERS CC Docket No. 91-281 Comment Date: March 15, 2012 Reply Comment Date: March 30, 2012 On September 30, 2011, Chevrah Hatzalah Volunteer Ambulance Corps, Inc. (Hatzalah) filed a Petition for Limited Waiver1of section 64.1601(b) of the Commission's rules, which prohibits terminating carriers from passing the calling party number (CPN) to the called party where a privacy indicator has been requested by the caller.2Hatzalah requests a waiver to permit carriers to transmit to it the CPNs of callers whose numbers would otherwise be blocked. Hatzalah, a non-profit corporation, operates an ambulance service in New York
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- Verizon notes that the companies participating in this filing are ``the regulated, wholly owned subsidiaries of Verizon Communications Inc., and Verizon Wireless'' (Verizon). Petition for Limited Waiver of Verizon, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 n.1 (filed Feb. 10, 2012) (Petition). 47 C.F.R. § 64.1601(a) See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, paras. 702 - 735 (rel. Nov. 18, 2011) (USF/ICC Transformation Order), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases). Petition at 2. See
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- for Limited Waiver of General Communication, Inc., CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208 (filed Feb. 27, 2012) (Petition). See also Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, Appendix A, 47 C.F.R. §64.1601(a)(1) & (2) (rel. Nov. 18, 2011), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases). See Petition at 7. See id. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). See 47 C.F.R. §§ 1.1200, 1.1206. See 47 C.F.R. § 1.1206(b). See id. PUBLIC
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- information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of AT&T Inc., CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Dec. 29, 2012) (Petition) (citing 47 C.F.R. § 64.1601(a)). See In the Matter of Connect America Fund, A National Broadband Plan for Our Future, Establishing Just and Reasonable Rates for Local Exchange Carriers, High-Cost Universal Service Support, Developing an Unified Intercarrier Compensation Regime, Federal-State Joint Board on Universal Service, Lifeline and Link-Up, Universal Service Reform - Mobility Fund, WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No.
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- Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of Hawaiian Telcom Inc. of Call Signaling Rules, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Mar. 1, 2012) (Petition) (citing 47 C.F.R. § 64.1601(a)). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, Appendix A, 47 C.F.R. §64.1601(a)(1) & (2) (rel. Nov. 18, 2011) (USF/ICC Transformation Order), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases). See
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- Inc. Petition for Limited Waiver, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Mar. 16, 2012) (Petition). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, Appendix A, 47 C.F.R. § 64.1601(a)(1) & (2) (rel. Nov. 18, 2011), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases) (USF/ICC Transformation Order). See Petition at 7. Id. at 4. Id. at 6. Id. at 3. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). See 47 C.F.R. §§
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- 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 parte rules. For further information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of 47 C.F.R. § 64.1601(a), CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Apr. 5, 2012) (Petition). 47 C.F.R. § 64.1601(a). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011), Appendix A, 47
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- .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. For further information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition of Consolidated Communications, Inc. for a Limited Waiver of the Commission's Call Signaling Rules in 47 C.F.R. § 64.1601, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed May 11, 2012) (Petition). 47 C.F.R. § 64.1601(a). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011), Appendix A, 47
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Policies Regarding Calling Number Identification Service - Caller ID Petition of National Aeronautics and Space Administration for Waiver of Federal Communications Commission Regulations at 47 C.F.R. § 64.1601(b) ) ) ) ) ) ) ) ) ) ) CC Docket No. 91-281 ORDER Adopted: May 23, 2012 Released: May 23, 2012 By the Acting Chief, Consumer and Governmental Affairs Bureau: Introduction In this Order, we grant a petition filed by the National Aeronautics and Space Administration (NASA), John F. Kennedy Space Center (KSC), requesting a limited waiver of
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- definition of "study area" as set forth in Part 36 of the Commission's rules. The definition constitutes a rule freezing all study area boundaries. Comments due March 28*; replies due April 9. Contact: Adrian Wright at (202) 418-7400, TTY: (202) 418-0484. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. PN 03/13/01; DA 01-605 BellSouth Corporation and BellSouth Telecommunications, Inc. File Application For Review of Responsible
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- that they require from the BOCs, including Digital Subscriber Line (DSL) service. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Jodie Donovan-May or Jessica Rosenworcel at (202) 418-1580. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9*; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. CC 96-45; PN 03/14/20; DA 01-622 Commonwealth of the Northern Marian Islands Requests Enhanced Lifeline and
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- that they require from the BOCs, including Digital Subscriber Line (DSL) service. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Jodie Donovan-May or Jessica Rosenworcel at (202) 418-1580. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9*; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. CC 96-45; PN 03/14/20; DA 01-622 Commonwealth of the Northern Marian Islands Requests Enhanced Lifeline and
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- that they require from the BOCs, including Digital Subscriber Line (DSL) service. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Jodie Donovan-May or Jessica Rosenworcel at (202) 418-1580. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9*; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. CC 96-45; PN 03/14/20; DA 01-622 Commonwealth of the Northern Marian Islands Requests Enhanced Lifeline and
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- Act of 1934, 47 U.S.C. § 214(a), and section 63.71 of the Commission's rules, 47 C.F.R. § 63.71, to discontinue its domestic Telecommunications services. Comments due October 18. Contact: Carmell Weathers at (202) 418-2325 (voice) or Jon Minkoff at (202) 418-2353 (voice), (202) 418-0484 TTY. CC 01-281; PN 10/05/01; DA 01-2322 Insight 100 Requests a Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number (CPN). On July 13, 2001, INSIGHT 100, Inc. filed a petition for a waiver of Section 64.160(b) of the Commission's rules, which prohibits terminating carriers from passing calling party number to the called party where a privacy indicator has been triggered. Comments due October 15*; replies due October 22. Contact: Susan Magnotti at
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- to provide in-region, interLATA service in the States of Georgia and Louisiana, pursuant to section 271 of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 271. Comments due October 19*; replies due November 13. Contact: Jessica Rosenworcel at (202) 418-2764 (voice). CC 01-281; PN 10/05/01; DA 01-2322 Insight 100 Requests a Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number (CPN). On July 13, 2001, INSIGHT 100, Inc. filed a petition for a waiver of Section 64.160(b) of the Commission's rules, which prohibits terminating carriers from passing calling party number to the called party where a privacy indicator has been triggered. Comments due October 15*; replies due October 22. Contact: Susan Magnotti at
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- to block a caller identification service from transmitting or displaying that person or entity's own caller identification information shall not be liable for violating the prohibition in paragraph (a) of this section. This subsection does not relieve any person or entity that engages in telemarketing, as defined in § 64.1200(f)(10) of the obligation to transmit caller identification information under § 64.1601(e). (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission F
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- 64.604(a)(2), requiring that ``[a] CA must pass along the caller's telephone number to the PSAP when a caller disconnects before being connected to emergency services.'' CTIA Comments at 4. Sprint Comments at 3. WorldCom Comments at 2-3. Improved TRS FNPRM at ¶¶ 127-128. 1994 Caller ID Order at ¶ 8. 1994 Caller ID Order at ¶ 34. 47 C.F.R. § 64.1601(b). See, e.g., AT&T Comments at 9; California PUC Comments at 4; NAD/TAN/CAN Comments at 14-17; SHHH Comments at 5-6; TDI Comments at 7. 47 U.S.C. § 225(a)(3). See, e.g., California PUC Comments at 4; TDI Comments at 8-9. Improved TRS FNPRM at ¶ 128. See, e.g., TDI Comments at 8-9 (automatically transferring information would be much faster than manually typing
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- of the Communications Act of 1934, as amended; 47 U.S.C. §§ 151-154, 222 and 227; and 47 C.F.R. § 64.1200 of the Commission's rules, and the Do-Not-Call Implementation Act, Pub. L. No. 108-10, 117 Stat. 557, the Report and Order in CG Docket No. 02-278 IS ADOPTED, and Parts 64 and 68 of the Commission's rules, 47 C.F.R. Parts 64.1200, 64.1601, and 68.318, are amended as set forth in Appendix A. The requirements of this Report and Order shall become effective 30 days after publication of a summary thereof in the Federal Register, with the following exceptions. As discussed herein, the national do-not-call rules at 47 C.F.R. § 64.1200(c)(2) will go into effect on October 1, 2003; the call abandonment rules
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- (1997) (1997 TCPA Reconsideration Order). 47 C.F.R. §§ 64.1200(c) and (d). See 2003 TCPA Order, 18 FCC Rcd 14014 (2003); Mainstream Marketing Services, Inc. v. Federal Trade Comm'n, 358 F.3d 1228 (10th Cir. 2004) (upholding the constitutionality of the national do-not-call registry), cert. denied, 2004 WL 2050134 (U.S. Oct. 4, 2004) (No. 03-1552). 47 C.F.R. § 64.1200(a)(6). 47 C.F.R. § 64.1601(e). 2003 TCPA Order, 18 FCC Rcd at 14034, para. 28. 2003 TCPA Order, 18 FCC Rcd at 14039-40, para. 37. See, e.g., ARDA Petition; Brown Petition (asking the Commission to determine that telemarketers must update their call lists on a daily basis using the national do-not-call registry); DMA Petition; Independent Insurance Agents Petition; NAR Petition; State and Regional Newspaper Petition
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- ``common carriers'' under section 208 of the Act, a violation of these rules would constitute an actionable violation of section 201(b) of the Act, because the requirements imposed on calling card providers by these rules are necessary to preserve and advance the Universal Service Fund, provide regulatory certainty, and prevent ``gaming'' of the system, as described above. 47 C.F.R. § 64.1601. As noted in the Intercarrier Compensation FNPRM, the emergence of wireless and IP-based calling options makes it less likely that a comparison of telephone numbers will provide meaningful information on the geographic end points of a call. Nevertheless, for now carriers continue to rely on telephone numbers as a proxy for geographic location. See Intercarrier Compensation FNPRM, 20 FCC Rcd
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- orally by Dynasty's telemarketer. ``This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585.'' Dynasty April 12 NAL Response at 20. 47 U.S.C. § 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. § 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
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- provider. As noted above, we do not intend to change standard industry practice with respect to the content of the signaling stream. Service providers that follow standard industry practice in this way will not be considered in violation of the prohibition on altering signaling information. We also note that the exemptions from our existing call signaling requirements described in section 64.1601(d) remain necessary for their limited purposes, and will continue to apply. Financial Responsibilities We also impose financial responsibilities that will work in step with our amended signaling rules to give service providers financial incentives to ensure that they, and the providers whose traffic they carry, comply with the signaling obligations. We find that these requirements will significantly reduce any existing
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- commenters ask for broad exemptions to the Act. AT&T, for example, asks the Commission to make clear that caller ID manipulation ``for legitimate business reasons'' is exempt; inContact asks the Commission to ``exempt all uses not specifically intended to defraud or deceive consumers''; and USTelecom and Verizon ask the Commission to exempt ``any action required by law or permitted under 64.1601(d).'' Still other commenters propose exemptions for caller identification manipulation involving specific types of practices or actors. For example, a number of commenters representing telecommunications and VoIP providers express support for an exemption for carriers and providers that transmit caller ID information they receive from their customers or other providers, even if it turns out to be inaccurate. Commmenters that provide
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- noted above, our proposal is not intended to change industry practice with respect to the content of the signaling stream. Service providers that follow industry practice in this way would not, under the proposed rules, be in violation of the prohibition on altering signaling information. We also note that the exemptions from the existing call signaling requirements described in section 64.1601(d) remain necessary for their limited purposes, and will continue to apply. We seek comment on whether the limited exceptions in the proposed rules are necessary and appropriate. And, we seek comment on any other changes the Commission should make to update our rules concerning the delivery of CPN and association information. Although the proposed rules focus on call signaling, USTelecom's
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- the technical feasibility exception ``leaves room for many providers to use the excuse of `transmission was not technically feasible''' and therefore posited that there should be ``few to no circumstances that the proposed rules will not be followed.'' Meanwhile, other parties proposed that technical feasibility and industry standards exceptions be applied to both sections of the proposed signaling rules, §§ 64.1601(a) and (b). Commenters also suggested that the rules include an exception for all industry standards, whether published or not, and asked that the Commission clarify that the rules do not require the deployment of new equipment or otherwise add costs for compliance. Finally, parties asked the Commission to explicitly recognize certain exceptions to the proposed rules. We agree with the
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- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended (``Communications Act'' or ``Act'') and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. BACKGROUND The Telephone Consumer Protection Act of 1991 (``TCPA'') was enacted to address problems
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-41A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-41A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-41A1.txt
- whether to answer particular calls. It also facilitates consumers' ability to request placement on company-specific do-not-call lists. The requirement also assists law enforcement investigations into telemarketing complaints. Therefore, our proposed rules specify that they ``do not relieve any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10), of the obligation to transmit caller identification information under section 64.1601(e).'' We seek comment on this provision of the proposed rules. Some entities - often the same ones that offer spoofing services - also offer the ability to unmask a blocked number, effectively stripping out the privacy indicator chosen by the calling party. Are there ways that carriers and interconnected VoIP providers can prevent third parties from overriding calling parties' privacy
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-61A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-61A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-61A1.txt
- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling.''). See, e.g., complaint dated April 11, 2010 from M. Strain (``I left multiple messages to take me off their calling list . . . but the calls continue.''). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. § 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3). 47 C.F.R. § 1.80. (...continued from previous
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-19A1.txt
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. §§ 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an ``enhanced service'' not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. § 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by ``deeming'' AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-19A1_Rcd.pdf
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. §§ 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an "enhanced service" not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. § 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by "deeming" AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://transition.fcc.gov/cgb/policy/02-278finalrules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. 4. Section 64.1601 is amended by adding paragraph (e) to read as follows: * * * * * (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(7) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available
- http://transition.fcc.gov/cgb/policy/Telemarketing-Rules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. It shall not be a violation of this paragraph
- http://transition.fcc.gov/cgb/policy/welcomeSpanish.html
- [180]Word | [181]Acrobat 03/22/07 Petition for Reconsideration filed by Cingular Wireless, LLC of the Commission's CAN-SPAM Order Denied. Order: [182]Word | [183]Acrobat 01/26/07 Annual Report on the National Do-Not-Call Registry Report: [184]Word | [185]Acrobat 11/07/06 Consumer & Governmental Affairs Bureau Seeks Comment on National Aeronautics and Space Administration, John F. Kennedy Space Center Petition for Waiver of 47 C.F.R. Section 64.1601(B) Regarding the Transmission of Calling Party Number. Public Notice: [186]Word | [187]Acrobat 09/13/06 The Commission adopts minor modifications to section 64.4002 of the its customer account record exchange (CARE) rules. Order on Reconsideration: [188]Word | [189]Acrobat 07/27/06 Consumer & Governmental Affairs Bureau Announces August 1st Effective Date of Amended Facsimile Advertising Rules. Public Notice: [190]Word | [191]Acrobat 07/21/06 FCC Announces
- http://transition.fcc.gov/eb/Orders/2006/DA-06-749A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
- http://transition.fcc.gov/eb/Orders/2006/DA-06-74A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information.11 The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer.12 The telephone number transmitted in the caller identification information must permit any individual to
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-67A1.html
- orally by Dynasty's telemarketer. "This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585." Dynasty April 12 NAL Response at 20. 47 U.S.C. S 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. S 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
- http://transition.fcc.gov/eb/Orders/2011/DOC-313017A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [CDS Marketing] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313019A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A Discount Travel initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2011/DOC-313020A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Focus Financial initiated, or caused to be initiated, one or more calls or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313021A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Resort Marketing Group, aka C. L. Cruises, initiated, or caused to be initiated, one or more calls, or sent, or caused
- http://transition.fcc.gov/eb/Orders/2011/DOC-313022A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that McKay Financial Network initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2011/DOC-313023A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that PCS, Inc. initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313024A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [Planet Pizza] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313025A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A. Mitlo Roofing initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2011/DOC-313028A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Somaticare, Inc., aka DSM Supply, LLC, initiated, or caused to be initiated, one or more calls or sent, or caused to
- http://transition.fcc.gov/eb/Orders/2011/FCC-11-163A1.html
- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended ("Communications Act" or "Act") and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. II. BACKGROUND 2. The Telephone Consumer Protection Act of 1991 ("TCPA") was enacted to
- http://transition.fcc.gov/eb/Orders/2011/FCC-11-61A1.html
- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling."). See, e.g., complaint dated April 11, 2010 from M. Strain ("I left multiple messages to take me off their calling list . . . but the calls continue."). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. S: 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3). 47 C.F.R. S: 1.80. (...continued from previous
- http://transition.fcc.gov/eb/Orders/2012/DOC-313029A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Mortgage initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2012/DOC-313030A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Exchange initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-19A1.html
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. S:S: 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an "enhanced service" not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. S: 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by "deeming" AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1996/dd961224.html
- Jan. 20. (DA No. 96-2179). Released: December 23, 1996. MULTIPOINT DISTRIBUTION SERVICE; ACTION TAKEN ON APPLICATION FOR ASSIGNMENT OF AUTHORIZATIONS. Released: December 23, 1996. PAYMENT INSTRUCTIONS FOR C BLOCK LICENSEES CONDITIONALLY GRANTED ON SEPT. 17, 1996. (DA No. 96-2177). Internet URL: [8]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1996/da962177.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- CALLER ID. Granted Southwestern Bell Telephone Co.'s petition for a stay of Section 64.1601(b) of the caller ID rules; suspended the application of that section to party lines and the application of Section 64.1601(a) to LECs without CLASS software. Dkt No.: CC- 91-281. Action by Deputy Chief, CCB. Adopted: December 23, 1996. by MO&O. (DA No. 96-2181). CCB Internet URL: [9]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/da962181.txt CALLER ID. Granted waivers of the *82 unblocking requirement for calls that originate
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970210.html
- Regional Bell Opearting Companies, including Southwestern Bell Telephone Company. Action by the Commission. Adopted: January 9, 1997. by Consent Decree Order. (FCC No. 97-9). CCB CALLER ID. Rules and policies regarding calling number identification service - caller ID. Dismissed as moot, the petition for temporary waiver of Lincolnville and Tidewater. Denied Germantown's and Pine Belt's requests for waiver of Section 64.1601(b) of the Commission's Rules. Granted waivers of TDS Telecom, FTC, and STTC conditioned on the carriers' compliance with the requirements. Granted temporary waiver of the *82 requirement for Siemens Stromberg Carlson DCO and EWSD switches united April 1, 1997 for TDS TElecom, Until April 18, 1997 for FTC, and unitil June 30, 1997 for STTC. Dkt No.: CC-91-281. Action by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980316.html
- A. Allen at (202) 418-1610. Internet URL: [5]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/ITFS_Notices/pn mm8038.txt Report No: NA-221. Released: March 16, 1998. NOTICE OF ACCEPTANCE OF FM BROADCAST APPLICATIONS AND NOTIFICATION OF APRIL 16 PETITIONS TO DENY DEADLINE. Internet URL: [6]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/p nmm8039.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RULES AND POLICIES REGARDING CALLING NUMBER IDENTIFICATION SERVICE - CALLER ID. Stayed, on Commission's own motion, application of Section 64.1601(b) to manufacturers of private branch exchange (PBX) equipment until the Commission addresses Siemens Business Communications Systems, Inc.'s petition for reconsideration of the Commission's Third Report and Order related to caller identification rules and their application to PBX systems. Dkt No.: CC- 91-281. Action by Chief, Network Services Division. Adopted: March 16, 1998. by MO&O. (DA No. 98-500). CCB Internet URL:
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010309.html
- OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK. CCB. Contact: HERBERT NEUMANN [12]DOC-210878A1.pdf [13]DOC-210878A1.doc [14]DOC-210878A1.txt Released: 03/09/2001. PROPOSED SECOND QUARTER 2001 UNIVERSAL SERVICE CONTRIBUTION FACTOR. (DA No. 01-614). (Dkt No 96-45). CCB. Contact: Gregory W. Guice or Anita Cheng at (202) 418-7400, TTY: (202) 418-0484 [15]DA-01-614A1.pdf [16]DA-01-614A1.doc [17]DA-01-614A1.txt Released: 03/09/2001. MACRO INTERNATIONAL REQUESTS A DECLARATORY RULING ON INTERPRETATION OF 47 CFR 64.1601(D)(2) INTERPRETATION OF 47 C.F.R. 64.601(D)(2). (DA No. 01-640). (Dkt No 91-281). Comments Due: 04/09/2001. Reply Comments Due: 04/24/2001. CCB. Contact: Susan Magnotti at (202) 418-0871, tty: (202) 418-0484, eail: smagnott@fcc.gov. Action by: DEPUTY DIVISION CHIEF [18]DA-01-640A1.pdf [19]DA-01-640A1.doc [20]DA-01-640A1.txt Report No: 2471 Released: 03/09/2001. PETITIONS FOR RECONSIDERATION AND CLARIFICATION OF ACTION IN RULEMAKING PROCEEDINGS. (Dkt No 96-262, 96-45, 97-21, 98-93, 00-123).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd011005.html
- NOTICES ----------------------------------------------------------------------- --- Released: 10/05/2001. TARIFF TRANSMITTALS PUBLIC REFERENCE LOG - 10/04/2001. CCB [10]DOC-216663A1.pdf [11]DOC-216663A1.txt Report No: 2505 Released: 10/05/2001. ERRATUM TO REPORT NO. 2505, RELEASED SEPTEMBER 27, 2001. (Dkt No 98-147) Change Docket No. from PR Docket No. 98-147 to CC Docket No. 98-147. CCB [12]DOC-216669A1.doc [13]DOC-216669A1.pdf [14]DOC-216669A1.txt Released: 10/05/2001. INSIGHT 100 REQUESTS A WAIVER OF 47 C.F.R. SECTION 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER (CPN). (DA No. 01-2322). Comments Due: 10/15/2001. Reply Comments Due: 10/22/2001. CCB. Contact: Susan Magnotti 202-418-0871 [15]DA-01-2322A1.doc [16]DA-01-2322A1.pdf [17]DA-01-2322A1.txt Released: 10/05/2001. LIMITED EXTENSION OF TIME TO FILE COST SUBMISSIONS, COMMENTS, AND REPLY COMMENTS IN THE COST REVIEW PROCEEDING FOR RESIDENTIAL AND SINGLE-LINE BUSINESS SUBSCRIBER LINE CHARGE (SLC) CAPS. (DA No. 01-2327). (Dkt No
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020107.html
- Audrey Spivack 202-418-0512 OMR [22]DOC-218918A1.doc [23]DOC-218918A1.pdf [24]DOC-218918A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 01/04/2002. COMMENTS INVITED ON IP COMMUNICATIONS CORPORATION APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES. (DA No. 02-18). Comments Due: 01/18/2002. CCB. Contact: Jon Minkoff at (202) 418-2353, email: jminkoff@fcc.gov, TTY: (202) 418-0484 [25]DA-02-18A1.doc [26]DA-02-18A1.pdf [27]DA-02-18A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- INSIGHT 100 PETITION FOR WAIVER OF SECTION 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER. Granted the petition for a limited waiver. Action by: Acting Chief, Network Services Division. Adopted: 01/04/2002 by MO&O. (DA No. 02-19). CCB [28]DA-02-19A1.doc [29]DA-02-19A1.pdf [30]DA-02-19A1.txt ILLINOIS CITIZENS UTILITY BOARD MOTION FOR STAY OF 47 CFR SECTION 52.19(C)(3)(II). Denied the Illinois Citizen's Utility Board's motion for stay of the Federal Communications Commission's ten-digit dialing
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061107.html
- 20554 Vol. 25 No. 215 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 November 7, 2006 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 11/07/2006. CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, JOHN F. KENNEDY SPACE CENTER PETITION FOR WAIVER OF 47 C.F.R. SECTION 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER. (DA No. 06-2283). (Dkt No 91-281). CGB. Contact: Lynne Montgomery at (202) 418-2229, email: Lynne.Montgomery@fcc.gov [1]DA-06-2283A1.doc [2]DA-06-2283A1.pdf [3]DA-06-2283A1.txt Released: 11/07/2006. AUCTION NO. 70 FREEZES ANNOUNCED FOR FM MINOR CHANGE APPLICATIONS AND CERTAIN RULEMAKING FILINGS. (DA No. 06-2277). MB. Contact: James Bradshaw or Rudy Bonacci at (202) 418-2700 [4]DA-06-2277A1.doc [5]DA-06-2277A1.pdf [6]DA-06-2277A1.txt Report No: 46357
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080819.html
- 445 12th St., SW Washington, D.C. 20554 Vol. 27 No. 161 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 August 19, 2008 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 08/19/2008. CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON LIBERTY PUBLIC SCHOOL DISTRICT PETITION FOR WAIVER OF 47 C.F.R . 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER. (DA No. 08-1924). (Dkt No 91-281). CGB. Contact: Julie Saulnier at (202) 418-1598, email: Julie.Saulnier@fcc.gov [1]DA-08-1924A1.doc [2]DA-08-1924A1.pdf [3]DA-08-1924A1.txt Report No: 46803 Released: 08/19/2008. BROADCAST ACTIONS. MB [4]DOC-284609A1.txt [5]DOC-284609A2.pdf Report No: 26803 Released: 08/19/2008. BROADCAST APPLICATIONS. MB [6]DOC-284608A2.txt [7]DOC-284608A1.pdf Released: 08/19/2008. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS. OMD. Contact:
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120523.html
- PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [68]DOC-314216A1.pdf [69]DOC-314216A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RULES AND POLICIES REGARDING CALLING NUMBER IDENTIFICATION SERVICE - CALLER ID. Granted the petition for limited waiver of section 64.1601(b) of the Commission's rules, 47 C.F.R. Section 64.1601(b), filed by the National Aeronautics and Space Administration, John F. Kennedy Space Center, with conditions. Action by: Acting Chief, Consumer & Governmental Affairs Bureau. Adopted: 05/23/2012 by ORDER. (DA No. 12-808). CGB [70]DA-12-808A1.doc [71]DA-12-808A1.pdf [72]DA-12-808A1.txt ANNISTON SEVENTH-DAY ADVENTIST CHURCH AND BOARD OF TRUSTEES OF JACKSONVILLE STATE UNIVERSITY. Granted the Petition. Rescinded the
- http://www.fcc.gov/cgb/policy/02-278finalrules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. 4. Section 64.1601 is amended by adding paragraph (e) to read as follows: * * * * * (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(7) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available
- http://www.fcc.gov/cgb/policy/Telemarketing-Rules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. It shall not be a violation of this paragraph
- http://www.fcc.gov/cgb/policy/welcomeSpanish.html
- [180]Word | [181]Acrobat 03/22/07 Petition for Reconsideration filed by Cingular Wireless, LLC of the Commission's CAN-SPAM Order Denied. Order: [182]Word | [183]Acrobat 01/26/07 Annual Report on the National Do-Not-Call Registry Report: [184]Word | [185]Acrobat 11/07/06 Consumer & Governmental Affairs Bureau Seeks Comment on National Aeronautics and Space Administration, John F. Kennedy Space Center Petition for Waiver of 47 C.F.R. Section 64.1601(B) Regarding the Transmission of Calling Party Number. Public Notice: [186]Word | [187]Acrobat 09/13/06 The Commission adopts minor modifications to section 64.4002 of the its customer account record exchange (CARE) rules. Order on Reconsideration: [188]Word | [189]Acrobat 07/27/06 Consumer & Governmental Affairs Bureau Announces August 1st Effective Date of Amended Facsimile Advertising Rules. Public Notice: [190]Word | [191]Acrobat 07/21/06 FCC Announces
- http://www.fcc.gov/eb/Orders/2006/DA-06-749A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
- http://www.fcc.gov/eb/Orders/2006/DA-06-74A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information.11 The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer.12 The telephone number transmitted in the caller identification information must permit any individual to
- http://www.fcc.gov/eb/Orders/2007/FCC-07-67A1.html
- orally by Dynasty's telemarketer. "This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585." Dynasty April 12 NAL Response at 20. 47 U.S.C. S 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. S 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
- http://www.fcc.gov/eb/Orders/2011/DOC-313017A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [CDS Marketing] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313019A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A Discount Travel initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2011/DOC-313020A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Focus Financial initiated, or caused to be initiated, one or more calls or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313021A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Resort Marketing Group, aka C. L. Cruises, initiated, or caused to be initiated, one or more calls, or sent, or caused
- http://www.fcc.gov/eb/Orders/2011/DOC-313022A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that McKay Financial Network initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2011/DOC-313023A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that PCS, Inc. initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313024A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [Planet Pizza] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313025A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A. Mitlo Roofing initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2011/DOC-313028A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Somaticare, Inc., aka DSM Supply, LLC, initiated, or caused to be initiated, one or more calls or sent, or caused to
- http://www.fcc.gov/eb/Orders/2011/FCC-11-163A1.html
- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended ("Communications Act" or "Act") and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. II. BACKGROUND 2. The Telephone Consumer Protection Act of 1991 ("TCPA") was enacted to
- http://www.fcc.gov/eb/Orders/2011/FCC-11-61A1.html
- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling."). See, e.g., complaint dated April 11, 2010 from M. Strain ("I left multiple messages to take me off their calling list . . . but the calls continue."). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. S: 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3). 47 C.F.R. S: 1.80. (...continued from previous
- http://www.fcc.gov/eb/Orders/2012/DOC-313029A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Mortgage initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2012/DOC-313030A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Exchange initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2012/FCC-12-19A1.html
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. S:S: 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an "enhanced service" not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. S: 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by "deeming" AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://www.fcc.gov/ogc/briefs/03-1429.pdf
- ........................................... 43 16 C.F.R. § 310.4(b)(1)(iii) ..................................... 27, 29 16 C.F.R. § 310.4(b)(1)(iii)(A) ................................... 37, 42 16 C.F.R. § 310.4(b)(1)(iii)(B) ..............................10, 11, 42, 56 16 C.F.R. § 310.8(c) .............................................. 55 -ix- 47 C.F.R. § 64.1200(c)(2) ....................................... 7, 27 47 C.F.R. § 64.1200(c)(2)(ii) ....................................... 42 47 C.F.R. § 64.1200(d) ......................................... 37, 42 47 C.F.R. § 64.1200(f)(9) .......................................... 29 47 C.F.R. § 64.1601(e) ............................................ 43 LEGISLATIVE MATERIALS 149 Cong. Rec. H8916-17 (daily ed. Sept. 25, 2003) .................... 59 H.R. Rep. No. 102-317 (1991) .............................. 6, 26, 46, 48 H.R. Rep. No. 108-8 (2003) ........................................ 57 MISCELLANEOUS 60 Fed. Reg. 43842 (1995).......................................... 9 67 Fed. Reg. 4492 (2002) ........................................... 9 68 Fed. Reg. 4580 (2003) ....................................... passim 68 Fed. Reg. 44144 (2003) .......................................... 1
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-154A1.pdf
- call quality complaint in rural areas. See supra note 17. The Commission nowrequires telecommunications carriers and providers of interconnected VoIP service to include the calling party's telephone number in all call signaling, and requires intermediate carriers to pass this signaling information, unaltered, to the next provider in a call path. See ICC/USF Transformation Order at paras. 719-720; see also47 C.F.R. §64.1601(a). 33The transition to a bill-and-keep methodology for most terminating charges is nine years for rate-of-return carriers. See ICC/USF Transformation Orderat para. 801 & Figure 9. See also47 C.F.R. §§51.907, 51.909. 34September 2011NARUC Letterat 2. 35This could include, inter alia, unreasonable delay to connect a call, as manifested by prolonged silence ("dead air") and/or prolonged ringing in advance of the called
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313017A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313017A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [CDS Marketing] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313019A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313019A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A Discount Travel initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313020A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313020A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Focus Financial initiated, or caused to be initiated, one or more calls or sent, or caused to be sent, one or
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313021A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313021A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Resort Marketing Group, aka C. L. Cruises, initiated, or caused to be initiated, one or more calls, or sent, or caused
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313022A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313022A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that McKay Financial Network initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313023A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313023A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that PCS, Inc. initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313024A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313024A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [Planet Pizza] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313025A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-313025A1.pdf
- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A. Mitlo Roofing initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Somaticare, Inc., aka DSM Supply, LLC, initiated, or caused to be initiated, one or more calls or sent, or caused to
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Mortgage initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- § 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or ``fax'' transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Exchange initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
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- orally by Dynasty's telemarketer. ``This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585.'' Dynasty April 12 NAL Response at 20. 47 U.S.C. § 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. § 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
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- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended (``Communications Act'' or ``Act'') and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. BACKGROUND The Telephone Consumer Protection Act of 1991 (``TCPA'') was enacted to address problems
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- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling.''). See, e.g., complaint dated April 11, 2010 from M. Strain (``I left multiple messages to take me off their calling list . . . but the calls continue.''). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. § 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3). 47 C.F.R. § 1.80. (...continued from previous
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- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. §§ 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an ``enhanced service'' not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. § 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by ``deeming'' AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 01-2322 Released: October 5, 2001 INSIGHT 100 Requests a Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number (CPN) CC Docket No. 91-281 NSD File No. NSD-L-01-153 Pleading Cycle Established COMMENTS DUE: October 15, 2001 REPLIES DUE: October 22, 2001 On July 13, 2001, INSIGHT 100, Inc. (INSIGHT 100), a non-profit corporation whose member universities and hospitals provide non-public communications services to their sites and campuses, filed a petition for a
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov TTY 202 / 418-2555 Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 01-640 March 9, 2001 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d)(2) CC Docket No. 91-281 Public Comment Invited Comments due: April 9, 2001 Reply Comments due: April 24, 2001 On September 12, 2000, Macro International, Inc. (Macro) filed a petition for declaratory ruling regarding section 64.1601(d)(2) of the Commission's rules, 47 CFR 64.1601(d)(2). Macro's request for declaratory ruling pertains to the March 25, 1997 Third Report an Order in CC Docket
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit P Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of INSIGHT 100 Petition for Waiver of § 64.1601(b) Regarding the Transmission of Calling Party Number ) ) ) ) ) CC Docket No. 91-281 MEMORANDUM OPINION AND ORDER Adopted: January 4, 2002 Released: January 4, 2002 By the Acting Chief, Network Services Division: introduction INSIGHT 100, Inc., has filed a petition requesting a limited waiver of Section 64.1601(b) of the Commission's rules. Section 64.1601(b) governs the transmission of
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- As stated in the Report and Order, the Commission will publish a document in the Federal Register announcing the effective date of these rules. However, as noted in the Report and Order, the national do-not-call rules at 64.1200(c)(2) and the call abandonment rules at 64.1200(a)(5) and (a)(6) will become effective on October 1, 2003, and the caller ID requirements at 64.1601(e) will go into effect on January 29, 2004. For further information, contact Erica H. McMahon or Richard D. Smith, Policy Division, Consumer & Governmental Affairs Bureau, at (202) 418-2512. FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received approval from
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- number supplied must permit an individual to make a do-not-call request during regular business hours for the duration of the telemarketing campaign. The existence of an established business relationship does not obviate these requirements. For further information, contact Erica H. McMahon or Richard D. Smith, Policy Division, Consumer & Governmental Affairs Bureau, at (202) 418-2512. -FCC- See 47 C.F.R. § 64.1601(e). Tax-exempt nonprofit organizations are not required to comply with this rule. See 47 C.F.R. § 64.1601(e)(iii). Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243, 105 Stat. 2394 (1991), codified at 47 U.S.C. § 227. The TCPA amended Title II of the Communications Act of 1934, 47 U.S.C. § 201 et seq. See Rules and Regulations Implementing the Telephone
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- if they passed CPN to the public switched network. In 2003, the Commission amended the rules to prohibit telemarketers from blocking Caller ID information. Need: The purpose of part 64, subpart P is to protect subscriber privacy while fostering the development of new and innovative services. Legal Basis: 47 U.S.C. 1, 4, 201-205, 218. Section Number and Title: 64.1600 Definitions. 64.1601 Delivery requirements and privacy restrictions. 64.1602 Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services. 64.1603 Customer notification. 64.1604 Effective date. PART 65 -- INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND METHODOLOGIES SUBPART C -- EXCHANGE CARRIERS Brief Description: Part 65 sets forth procedures and methodologies for prescribing and enforcing
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- the Commission released a Notice of Proposed Rulemaking on its interstate pay-per-call rules, seeking comment on possible modifications to address circumvention of the rules. Calling Party Telephone Number. In July of 2003, the Commission revised its rules under the Telephone Consumer Protection Act (TCPA) to address changes in the telemarketing marketplace. Among other things, the Commission adopted new rules at 64.1601(e) to require telemarketers to transmit caller identification (caller ID) information and, when available, by the telemarketer's carrier, the name of the telemarketer. In addition, telemarketers are prohibited from blocking the transmission of caller ID information. The Commission determined that caller ID allows consumers to screen out unwanted calls and to identify companies that they wish to ask not to call
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 06-2283 Released: November 7, 2006 Consumer & Governmental Affairs Bureau Seeks Comment on National Aeronautics and Space Administration, John F. Kennedy Space Center Petition for Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number CC Docket No. 91-281 Comment Date: 15 days from publication in the Federal Register Reply Comment Date: 25 days from publication in the Federal Register On October 25, 2006, the National Aeronautics and Space Administration, John F. Kennedy Space Center (KSC) filed a petition for a limited waiver of section 64.1601(b) of the
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- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
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- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
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- digits of an interstate call. Carriers providing line blocking services are required to recognize *82 as a caller's request that privacy not be provided and that the CPN be passed on an interstate call. Subpart P requires carriers to notify customers of their *67 and *82 capabilities and restricts the use of telephone subscriber information. In addition, the rules at 64.1601(e) require that telemarketers transmit caller identification (caller ID) information and, when available, by the telemarketer's carrier, the name of the telemarketer. In addition, telemarketers are prohibited from blocking the transmission of caller ID information. The Commission determined that caller ID allows consumers to screen out unwanted calls and to identify companies that they wish to ask not to call again.
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1924 Released: August 19, 2008 Consumer & Governmental Affairs Bureau Seeks Comment on Liberty Public School District Petition for Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number CC Docket No. 91-281 Comment Date: 15 days after publication in the Federal Register Reply Comment Date: 25 days after publication in the Federal Register On April 22, 2007, the Liberty Public School District (LPS) filed a petition for a limited waiver of section 64.1601(b) of the Commission's rules, which prohibits terminating carriers
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- service is provided as a standard feature of many telephone services, including mobile phone services. See Rules and Policies Regarding Calling Number Identification Service - Caller ID, CC Docket No. 91-281, Report and Order and Further Notice of Proposed Rulemaking, 9 FCC Rcd 1764 (1994) (First Caller ID Order); Second Caller ID Order, 10 FCC Rcd 11700. 47 C.F.R. § 64.1601. In February, 2011, the Commission adopted a notice of proposed rulemaking that proposed, among other things, revising this rule to expand the CPN transport requirement to apply to interconnected VoIP service providers and to intrastate traffic. See Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support;
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- further information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of CenturyLink Inc., CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Jan. 23, 2012) (Petition). 47 C.F.R. § 64.1601(a). See In the Matter of Connect America Fund, A National Broadband Plan for Our Future, Establishing Just and Reasonable Rates for Local Exchange Carriers, High-Cost Universal Service Support, Developing an Unified Intercarrier Compensation Regime, Federal-State Joint Board on Universal Service, Lifeline and Link-Up, Universal Service Reform - Mobility Fund, WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No.
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- ICC/USF Transformation Order at paras. 973-74. . The Commission now requires telecommunications carriers and providers of interconnected VoIP service to include the calling party's telephone number in all call signaling, and requires intermediate carriers to pass this signaling information, unaltered, to the next provider in a call path. See ICC/USF Transformation Order at paras. 719-720; see also 47 C.F.R. § 64.1601(a). The transition to a bill-and-keep methodology for most terminating charges is nine years for rate-of-return carriers. See ICC/USF Transformation Order at para. 801 & Figure 9. See also 47 C.F.R. §§ 51.907, 51.909. September 2011 NARUC Letter at 2. This could include, inter alia, unreasonable delay to connect a call, as manifested by prolonged silence (``dead air'') and/or prolonged ringing
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- 2012 Consumer & Governmental Affairs Bureau Seeks Comment on Petition for Waiver of Chevrah hatzalah volunteer ambulance CORPS, inc. Regarding the Transmission of Calling Party NumberS CC Docket No. 91-281 Comment Date: March 15, 2012 Reply Comment Date: March 30, 2012 On September 30, 2011, Chevrah Hatzalah Volunteer Ambulance Corps, Inc. (Hatzalah) filed a Petition for Limited Waiver of section 64.1601(b) of the Commission's rules, which prohibits terminating carriers from passing the calling party number (CPN) to the called party where a privacy indicator has been requested by the caller. Hatzalah requests a waiver to permit carriers to transmit to it the CPNs of callers whose numbers would otherwise be blocked. Hatzalah, a non-profit corporation, operates an ambulance service in New
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- February 14, 2012 CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PETITION FOR WAIVER OF CHEVRAH HATZALAH VOLUNTEERAMBULANCE CORPS, INC. REGARDING THE TRANSMISSION OF CALLING PARTY NUMBERS CC Docket No. 91-281 Comment Date: March 15, 2012 Reply Comment Date: March 30, 2012 On September 30, 2011, Chevrah Hatzalah Volunteer Ambulance Corps, Inc. (Hatzalah) filed a Petition for Limited Waiver1of section 64.1601(b) of the Commission's rules, which prohibits terminating carriers from passing the calling party number (CPN) to the called party where a privacy indicator has been requested by the caller.2Hatzalah requests a waiver to permit carriers to transmit to it the CPNs of callers whose numbers would otherwise be blocked. Hatzalah, a non-profit corporation, operates an ambulance service in New York
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- Verizon notes that the companies participating in this filing are ``the regulated, wholly owned subsidiaries of Verizon Communications Inc., and Verizon Wireless'' (Verizon). Petition for Limited Waiver of Verizon, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 n.1 (filed Feb. 10, 2012) (Petition). 47 C.F.R. § 64.1601(a) See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, paras. 702 - 735 (rel. Nov. 18, 2011) (USF/ICC Transformation Order), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases). Petition at 2. See
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- for Limited Waiver of General Communication, Inc., CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208 (filed Feb. 27, 2012) (Petition). See also Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, Appendix A, 47 C.F.R. §64.1601(a)(1) & (2) (rel. Nov. 18, 2011), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases). See Petition at 7. See id. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). See 47 C.F.R. §§ 1.1200, 1.1206. See 47 C.F.R. § 1.1206(b). See id. PUBLIC
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- information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of AT&T Inc., CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Dec. 29, 2012) (Petition) (citing 47 C.F.R. § 64.1601(a)). See In the Matter of Connect America Fund, A National Broadband Plan for Our Future, Establishing Just and Reasonable Rates for Local Exchange Carriers, High-Cost Universal Service Support, Developing an Unified Intercarrier Compensation Regime, Federal-State Joint Board on Universal Service, Lifeline and Link-Up, Universal Service Reform - Mobility Fund, WC Docket No. 10-90, GN Docket No. 09-51, WC Docket No.
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- Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of Hawaiian Telcom Inc. of Call Signaling Rules, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Mar. 1, 2012) (Petition) (citing 47 C.F.R. § 64.1601(a)). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, Appendix A, 47 C.F.R. §64.1601(a)(1) & (2) (rel. Nov. 18, 2011) (USF/ICC Transformation Order), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases). See
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- Inc. Petition for Limited Waiver, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Mar. 16, 2012) (Petition). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, Appendix A, 47 C.F.R. § 64.1601(a)(1) & (2) (rel. Nov. 18, 2011), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases) (USF/ICC Transformation Order). See Petition at 7. Id. at 4. Id. at 6. Id. at 3. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). See 47 C.F.R. §§
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- 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 parte rules. For further information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition for Limited Waiver of 47 C.F.R. § 64.1601(a), CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed Apr. 5, 2012) (Petition). 47 C.F.R. § 64.1601(a). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011), Appendix A, 47
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- .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. For further information regarding this proceeding, contact Belinda Nixon, Pricing Policy Division, Wireline Competition Bureau, (202) 418-1520, or via e-mail at belinda.nixon@fcc.gov. -FCC- See Petition of Consolidated Communications, Inc. for a Limited Waiver of the Commission's Call Signaling Rules in 47 C.F.R. § 64.1601, CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208, at 1 (filed May 11, 2012) (Petition). 47 C.F.R. § 64.1601(a). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011), Appendix A, 47
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Rules and Policies Regarding Calling Number Identification Service - Caller ID Petition of National Aeronautics and Space Administration for Waiver of Federal Communications Commission Regulations at 47 C.F.R. § 64.1601(b) ) ) ) ) ) ) ) ) ) ) CC Docket No. 91-281 ORDER Adopted: May 23, 2012 Released: May 23, 2012 By the Acting Chief, Consumer and Governmental Affairs Bureau: Introduction In this Order, we grant a petition filed by the National Aeronautics and Space Administration (NASA), John F. Kennedy Space Center (KSC), requesting a limited waiver of
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- (202) 418-1520, or via e-mail at Christopher.Koves@fcc.gov. -FCC- See C Spire Wireless, Corr Wireless, Delta Telephone Co., Inc., Franklin Telephone Co., Inc. and Telepak Networks, Inc. Joint Petition for Limited Waiver, CC Docket Nos. 01-92, 96-45, GN Docket No. 09-51, WC Docket Nos. 03-109, 05-337, 07-135, 10-90, WT Docket No. 10-208 (filed June 20, 2012) (LNGS Petition). 47 C.F.R. § 64.1601(a). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011), Appendix A, 47 C.F.R. § 64.1601(a)(1) & (2) (rel. Nov. 18, 2011), pets. for review pending, Direct Commc'ns Cedar Valley, LLC v. FCC, No. 11-9581 (10th Cir. filed Dec. 18, 2011) (and consolidated cases)
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- definition of "study area" as set forth in Part 36 of the Commission's rules. The definition constitutes a rule freezing all study area boundaries. Comments due March 28*; replies due April 9. Contact: Adrian Wright at (202) 418-7400, TTY: (202) 418-0484. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. PN 03/13/01; DA 01-605 BellSouth Corporation and BellSouth Telecommunications, Inc. File Application For Review of Responsible
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- that they require from the BOCs, including Digital Subscriber Line (DSL) service. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Jodie Donovan-May or Jessica Rosenworcel at (202) 418-1580. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9*; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. CC 96-45; PN 03/14/20; DA 01-622 Commonwealth of the Northern Marian Islands Requests Enhanced Lifeline and
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- that they require from the BOCs, including Digital Subscriber Line (DSL) service. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Jodie Donovan-May or Jessica Rosenworcel at (202) 418-1580. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9*; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. CC 96-45; PN 03/14/20; DA 01-622 Commonwealth of the Northern Marian Islands Requests Enhanced Lifeline and
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- that they require from the BOCs, including Digital Subscriber Line (DSL) service. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Jodie Donovan-May or Jessica Rosenworcel at (202) 418-1580. CC 91-281; PN 03/09/01; DA No. 01-640 Macro International Requests a Declaratory Ruling on Interpretation of 47 C.F.R. § 64.1601(d) (2). On September 12, 2000, Macro International, Inc. filed a petition for declaratory ruling regarding section 64.1601 (d)(2) of the Commission's rules, 47 C.F.R. 64.1601 (d) (2). Comments due April 9*; replies due April 24. Contact: Susan Magnotti at (202) 418-0871, TTY: (202) 418-0484. CC 96-45; PN 03/14/20; DA 01-622 Commonwealth of the Northern Marian Islands Requests Enhanced Lifeline and
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- Act of 1934, 47 U.S.C. § 214(a), and section 63.71 of the Commission's rules, 47 C.F.R. § 63.71, to discontinue its domestic Telecommunications services. Comments due October 18. Contact: Carmell Weathers at (202) 418-2325 (voice) or Jon Minkoff at (202) 418-2353 (voice), (202) 418-0484 TTY. CC 01-281; PN 10/05/01; DA 01-2322 Insight 100 Requests a Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number (CPN). On July 13, 2001, INSIGHT 100, Inc. filed a petition for a waiver of Section 64.160(b) of the Commission's rules, which prohibits terminating carriers from passing calling party number to the called party where a privacy indicator has been triggered. Comments due October 15*; replies due October 22. Contact: Susan Magnotti at
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- to provide in-region, interLATA service in the States of Georgia and Louisiana, pursuant to section 271 of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 271. Comments due October 19*; replies due November 13. Contact: Jessica Rosenworcel at (202) 418-2764 (voice). CC 01-281; PN 10/05/01; DA 01-2322 Insight 100 Requests a Waiver of 47 C.F.R. § 64.1601(b) Regarding the Transmission of Calling Party Number (CPN). On July 13, 2001, INSIGHT 100, Inc. filed a petition for a waiver of Section 64.160(b) of the Commission's rules, which prohibits terminating carriers from passing calling party number to the called party where a privacy indicator has been triggered. Comments due October 15*; replies due October 22. Contact: Susan Magnotti at
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- to block a caller identification service from transmitting or displaying that person or entity's own caller identification information shall not be liable for violating the prohibition in paragraph (a) of this section. This subsection does not relieve any person or entity that engages in telemarketing, as defined in § 64.1200(f)(10) of the obligation to transmit caller identification information under § 64.1601(e). (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission F
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- 64.604(a)(2), requiring that ``[a] CA must pass along the caller's telephone number to the PSAP when a caller disconnects before being connected to emergency services.'' CTIA Comments at 4. Sprint Comments at 3. WorldCom Comments at 2-3. Improved TRS FNPRM at ¶¶ 127-128. 1994 Caller ID Order at ¶ 8. 1994 Caller ID Order at ¶ 34. 47 C.F.R. § 64.1601(b). See, e.g., AT&T Comments at 9; California PUC Comments at 4; NAD/TAN/CAN Comments at 14-17; SHHH Comments at 5-6; TDI Comments at 7. 47 U.S.C. § 225(a)(3). See, e.g., California PUC Comments at 4; TDI Comments at 8-9. Improved TRS FNPRM at ¶ 128. See, e.g., TDI Comments at 8-9 (automatically transferring information would be much faster than manually typing
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- of the Communications Act of 1934, as amended; 47 U.S.C. §§ 151-154, 222 and 227; and 47 C.F.R. § 64.1200 of the Commission's rules, and the Do-Not-Call Implementation Act, Pub. L. No. 108-10, 117 Stat. 557, the Report and Order in CG Docket No. 02-278 IS ADOPTED, and Parts 64 and 68 of the Commission's rules, 47 C.F.R. Parts 64.1200, 64.1601, and 68.318, are amended as set forth in Appendix A. The requirements of this Report and Order shall become effective 30 days after publication of a summary thereof in the Federal Register, with the following exceptions. As discussed herein, the national do-not-call rules at 47 C.F.R. § 64.1200(c)(2) will go into effect on October 1, 2003; the call abandonment rules
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- (1997) (1997 TCPA Reconsideration Order). 47 C.F.R. §§ 64.1200(c) and (d). See 2003 TCPA Order, 18 FCC Rcd 14014 (2003); Mainstream Marketing Services, Inc. v. Federal Trade Comm'n, 358 F.3d 1228 (10th Cir. 2004) (upholding the constitutionality of the national do-not-call registry), cert. denied, 2004 WL 2050134 (U.S. Oct. 4, 2004) (No. 03-1552). 47 C.F.R. § 64.1200(a)(6). 47 C.F.R. § 64.1601(e). 2003 TCPA Order, 18 FCC Rcd at 14034, para. 28. 2003 TCPA Order, 18 FCC Rcd at 14039-40, para. 37. See, e.g., ARDA Petition; Brown Petition (asking the Commission to determine that telemarketers must update their call lists on a daily basis using the national do-not-call registry); DMA Petition; Independent Insurance Agents Petition; NAR Petition; State and Regional Newspaper Petition
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- ``common carriers'' under section 208 of the Act, a violation of these rules would constitute an actionable violation of section 201(b) of the Act, because the requirements imposed on calling card providers by these rules are necessary to preserve and advance the Universal Service Fund, provide regulatory certainty, and prevent ``gaming'' of the system, as described above. 47 C.F.R. § 64.1601. As noted in the Intercarrier Compensation FNPRM, the emergence of wireless and IP-based calling options makes it less likely that a comparison of telephone numbers will provide meaningful information on the geographic end points of a call. Nevertheless, for now carriers continue to rely on telephone numbers as a proxy for geographic location. See Intercarrier Compensation FNPRM, 20 FCC Rcd
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- orally by Dynasty's telemarketer. ``This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585.'' Dynasty April 12 NAL Response at 20. 47 U.S.C. § 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. § 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
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- provider. As noted above, we do not intend to change standard industry practice with respect to the content of the signaling stream. Service providers that follow standard industry practice in this way will not be considered in violation of the prohibition on altering signaling information. We also note that the exemptions from our existing call signaling requirements described in section 64.1601(d) remain necessary for their limited purposes, and will continue to apply. Financial Responsibilities We also impose financial responsibilities that will work in step with our amended signaling rules to give service providers financial incentives to ensure that they, and the providers whose traffic they carry, comply with the signaling obligations. We find that these requirements will significantly reduce any existing
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- commenters ask for broad exemptions to the Act. AT&T, for example, asks the Commission to make clear that caller ID manipulation ``for legitimate business reasons'' is exempt; inContact asks the Commission to ``exempt all uses not specifically intended to defraud or deceive consumers''; and USTelecom and Verizon ask the Commission to exempt ``any action required by law or permitted under 64.1601(d).'' Still other commenters propose exemptions for caller identification manipulation involving specific types of practices or actors. For example, a number of commenters representing telecommunications and VoIP providers express support for an exemption for carriers and providers that transmit caller ID information they receive from their customers or other providers, even if it turns out to be inaccurate. Commmenters that provide
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- noted above, our proposal is not intended to change industry practice with respect to the content of the signaling stream. Service providers that follow industry practice in this way would not, under the proposed rules, be in violation of the prohibition on altering signaling information. We also note that the exemptions from the existing call signaling requirements described in section 64.1601(d) remain necessary for their limited purposes, and will continue to apply. We seek comment on whether the limited exceptions in the proposed rules are necessary and appropriate. And, we seek comment on any other changes the Commission should make to update our rules concerning the delivery of CPN and association information. Although the proposed rules focus on call signaling, USTelecom's
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- the technical feasibility exception ``leaves room for many providers to use the excuse of `transmission was not technically feasible''' and therefore posited that there should be ``few to no circumstances that the proposed rules will not be followed.'' Meanwhile, other parties proposed that technical feasibility and industry standards exceptions be applied to both sections of the proposed signaling rules, §§ 64.1601(a) and (b). Commenters also suggested that the rules include an exception for all industry standards, whether published or not, and asked that the Commission clarify that the rules do not require the deployment of new equipment or otherwise add costs for compliance. Finally, parties asked the Commission to explicitly recognize certain exceptions to the proposed rules. We agree with the
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- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended (``Communications Act'' or ``Act'') and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. BACKGROUND The Telephone Consumer Protection Act of 1991 (``TCPA'') was enacted to address problems
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- whether to answer particular calls. It also facilitates consumers' ability to request placement on company-specific do-not-call lists. The requirement also assists law enforcement investigations into telemarketing complaints. Therefore, our proposed rules specify that they ``do not relieve any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10), of the obligation to transmit caller identification information under section 64.1601(e).'' We seek comment on this provision of the proposed rules. Some entities - often the same ones that offer spoofing services - also offer the ability to unmask a blocked number, effectively stripping out the privacy indicator chosen by the calling party. Are there ways that carriers and interconnected VoIP providers can prevent third parties from overriding calling parties' privacy
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- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling.''). See, e.g., complaint dated April 11, 2010 from M. Strain (``I left multiple messages to take me off their calling list . . . but the calls continue.''). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. § 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3). 47 C.F.R. § 1.80. (...continued from previous
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- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. §§ 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an ``enhanced service'' not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. § 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by ``deeming'' AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-19A1_Rcd.pdf
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. §§ 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an "enhanced service" not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. § 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by "deeming" AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://transition.fcc.gov/cgb/policy/02-278finalrules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. 4. Section 64.1601 is amended by adding paragraph (e) to read as follows: * * * * * (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(7) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available
- http://transition.fcc.gov/cgb/policy/Telemarketing-Rules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. It shall not be a violation of this paragraph
- http://transition.fcc.gov/cgb/policy/welcomeSpanish.html
- [180]Word | [181]Acrobat 03/22/07 Petition for Reconsideration filed by Cingular Wireless, LLC of the Commission's CAN-SPAM Order Denied. Order: [182]Word | [183]Acrobat 01/26/07 Annual Report on the National Do-Not-Call Registry Report: [184]Word | [185]Acrobat 11/07/06 Consumer & Governmental Affairs Bureau Seeks Comment on National Aeronautics and Space Administration, John F. Kennedy Space Center Petition for Waiver of 47 C.F.R. Section 64.1601(B) Regarding the Transmission of Calling Party Number. Public Notice: [186]Word | [187]Acrobat 09/13/06 The Commission adopts minor modifications to section 64.4002 of the its customer account record exchange (CARE) rules. Order on Reconsideration: [188]Word | [189]Acrobat 07/27/06 Consumer & Governmental Affairs Bureau Announces August 1st Effective Date of Amended Facsimile Advertising Rules. Public Notice: [190]Word | [191]Acrobat 07/21/06 FCC Announces
- http://transition.fcc.gov/eb/Orders/2006/DA-06-749A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
- http://transition.fcc.gov/eb/Orders/2006/DA-06-74A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information.11 The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer.12 The telephone number transmitted in the caller identification information must permit any individual to
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-67A1.html
- orally by Dynasty's telemarketer. "This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585." Dynasty April 12 NAL Response at 20. 47 U.S.C. S 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. S 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
- http://transition.fcc.gov/eb/Orders/2011/DOC-313017A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [CDS Marketing] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313019A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A Discount Travel initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2011/DOC-313020A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Focus Financial initiated, or caused to be initiated, one or more calls or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313021A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Resort Marketing Group, aka C. L. Cruises, initiated, or caused to be initiated, one or more calls, or sent, or caused
- http://transition.fcc.gov/eb/Orders/2011/DOC-313022A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that McKay Financial Network initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2011/DOC-313023A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that PCS, Inc. initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313024A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [Planet Pizza] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://transition.fcc.gov/eb/Orders/2011/DOC-313025A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A. Mitlo Roofing initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2011/DOC-313028A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Somaticare, Inc., aka DSM Supply, LLC, initiated, or caused to be initiated, one or more calls or sent, or caused to
- http://transition.fcc.gov/eb/Orders/2011/FCC-11-163A1.html
- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended ("Communications Act" or "Act") and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. II. BACKGROUND 2. The Telephone Consumer Protection Act of 1991 ("TCPA") was enacted to
- http://transition.fcc.gov/eb/Orders/2011/FCC-11-61A1.html
- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling."). See, e.g., complaint dated April 11, 2010 from M. Strain ("I left multiple messages to take me off their calling list . . . but the calls continue."). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. S: 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3). 47 C.F.R. S: 1.80. (...continued from previous
- http://transition.fcc.gov/eb/Orders/2012/DOC-313029A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Mortgage initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2012/DOC-313030A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Exchange initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-19A1.html
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. S:S: 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an "enhanced service" not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. S: 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by "deeming" AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1996/dd961224.html
- Jan. 20. (DA No. 96-2179). Released: December 23, 1996. MULTIPOINT DISTRIBUTION SERVICE; ACTION TAKEN ON APPLICATION FOR ASSIGNMENT OF AUTHORIZATIONS. Released: December 23, 1996. PAYMENT INSTRUCTIONS FOR C BLOCK LICENSEES CONDITIONALLY GRANTED ON SEPT. 17, 1996. (DA No. 96-2177). Internet URL: [8]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1996/da962177.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- CALLER ID. Granted Southwestern Bell Telephone Co.'s petition for a stay of Section 64.1601(b) of the caller ID rules; suspended the application of that section to party lines and the application of Section 64.1601(a) to LECs without CLASS software. Dkt No.: CC- 91-281. Action by Deputy Chief, CCB. Adopted: December 23, 1996. by MO&O. (DA No. 96-2181). CCB Internet URL: [9]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/da962181.txt CALLER ID. Granted waivers of the *82 unblocking requirement for calls that originate
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970210.html
- Regional Bell Opearting Companies, including Southwestern Bell Telephone Company. Action by the Commission. Adopted: January 9, 1997. by Consent Decree Order. (FCC No. 97-9). CCB CALLER ID. Rules and policies regarding calling number identification service - caller ID. Dismissed as moot, the petition for temporary waiver of Lincolnville and Tidewater. Denied Germantown's and Pine Belt's requests for waiver of Section 64.1601(b) of the Commission's Rules. Granted waivers of TDS Telecom, FTC, and STTC conditioned on the carriers' compliance with the requirements. Granted temporary waiver of the *82 requirement for Siemens Stromberg Carlson DCO and EWSD switches united April 1, 1997 for TDS TElecom, Until April 18, 1997 for FTC, and unitil June 30, 1997 for STTC. Dkt No.: CC-91-281. Action by
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980316.html
- A. Allen at (202) 418-1610. Internet URL: [5]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/ITFS_Notices/pn mm8038.txt Report No: NA-221. Released: March 16, 1998. NOTICE OF ACCEPTANCE OF FM BROADCAST APPLICATIONS AND NOTIFICATION OF APRIL 16 PETITIONS TO DENY DEADLINE. Internet URL: [6]http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Radio_Cutoffs/p nmm8039.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RULES AND POLICIES REGARDING CALLING NUMBER IDENTIFICATION SERVICE - CALLER ID. Stayed, on Commission's own motion, application of Section 64.1601(b) to manufacturers of private branch exchange (PBX) equipment until the Commission addresses Siemens Business Communications Systems, Inc.'s petition for reconsideration of the Commission's Third Report and Order related to caller identification rules and their application to PBX systems. Dkt No.: CC- 91-281. Action by Chief, Network Services Division. Adopted: March 16, 1998. by MO&O. (DA No. 98-500). CCB Internet URL:
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010309.html
- OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK. CCB. Contact: HERBERT NEUMANN [12]DOC-210878A1.pdf [13]DOC-210878A1.doc [14]DOC-210878A1.txt Released: 03/09/2001. PROPOSED SECOND QUARTER 2001 UNIVERSAL SERVICE CONTRIBUTION FACTOR. (DA No. 01-614). (Dkt No 96-45). CCB. Contact: Gregory W. Guice or Anita Cheng at (202) 418-7400, TTY: (202) 418-0484 [15]DA-01-614A1.pdf [16]DA-01-614A1.doc [17]DA-01-614A1.txt Released: 03/09/2001. MACRO INTERNATIONAL REQUESTS A DECLARATORY RULING ON INTERPRETATION OF 47 CFR 64.1601(D)(2) INTERPRETATION OF 47 C.F.R. 64.601(D)(2). (DA No. 01-640). (Dkt No 91-281). Comments Due: 04/09/2001. Reply Comments Due: 04/24/2001. CCB. Contact: Susan Magnotti at (202) 418-0871, tty: (202) 418-0484, eail: smagnott@fcc.gov. Action by: DEPUTY DIVISION CHIEF [18]DA-01-640A1.pdf [19]DA-01-640A1.doc [20]DA-01-640A1.txt Report No: 2471 Released: 03/09/2001. PETITIONS FOR RECONSIDERATION AND CLARIFICATION OF ACTION IN RULEMAKING PROCEEDINGS. (Dkt No 96-262, 96-45, 97-21, 98-93, 00-123).
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd011005.html
- NOTICES ----------------------------------------------------------------------- --- Released: 10/05/2001. TARIFF TRANSMITTALS PUBLIC REFERENCE LOG - 10/04/2001. CCB [10]DOC-216663A1.pdf [11]DOC-216663A1.txt Report No: 2505 Released: 10/05/2001. ERRATUM TO REPORT NO. 2505, RELEASED SEPTEMBER 27, 2001. (Dkt No 98-147) Change Docket No. from PR Docket No. 98-147 to CC Docket No. 98-147. CCB [12]DOC-216669A1.doc [13]DOC-216669A1.pdf [14]DOC-216669A1.txt Released: 10/05/2001. INSIGHT 100 REQUESTS A WAIVER OF 47 C.F.R. SECTION 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER (CPN). (DA No. 01-2322). Comments Due: 10/15/2001. Reply Comments Due: 10/22/2001. CCB. Contact: Susan Magnotti 202-418-0871 [15]DA-01-2322A1.doc [16]DA-01-2322A1.pdf [17]DA-01-2322A1.txt Released: 10/05/2001. LIMITED EXTENSION OF TIME TO FILE COST SUBMISSIONS, COMMENTS, AND REPLY COMMENTS IN THE COST REVIEW PROCEEDING FOR RESIDENTIAL AND SINGLE-LINE BUSINESS SUBSCRIBER LINE CHARGE (SLC) CAPS. (DA No. 01-2327). (Dkt No
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020107.html
- Audrey Spivack 202-418-0512 OMR [22]DOC-218918A1.doc [23]DOC-218918A1.pdf [24]DOC-218918A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 01/04/2002. COMMENTS INVITED ON IP COMMUNICATIONS CORPORATION APPLICATION TO DISCONTINUE DOMESTIC TELECOMMUNICATIONS SERVICES. (DA No. 02-18). Comments Due: 01/18/2002. CCB. Contact: Jon Minkoff at (202) 418-2353, email: jminkoff@fcc.gov, TTY: (202) 418-0484 [25]DA-02-18A1.doc [26]DA-02-18A1.pdf [27]DA-02-18A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- INSIGHT 100 PETITION FOR WAIVER OF SECTION 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER. Granted the petition for a limited waiver. Action by: Acting Chief, Network Services Division. Adopted: 01/04/2002 by MO&O. (DA No. 02-19). CCB [28]DA-02-19A1.doc [29]DA-02-19A1.pdf [30]DA-02-19A1.txt ILLINOIS CITIZENS UTILITY BOARD MOTION FOR STAY OF 47 CFR SECTION 52.19(C)(3)(II). Denied the Illinois Citizen's Utility Board's motion for stay of the Federal Communications Commission's ten-digit dialing
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2006/dd061107.html
- 20554 Vol. 25 No. 215 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 November 7, 2006 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 11/07/2006. CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, JOHN F. KENNEDY SPACE CENTER PETITION FOR WAIVER OF 47 C.F.R. SECTION 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER. (DA No. 06-2283). (Dkt No 91-281). CGB. Contact: Lynne Montgomery at (202) 418-2229, email: Lynne.Montgomery@fcc.gov [1]DA-06-2283A1.doc [2]DA-06-2283A1.pdf [3]DA-06-2283A1.txt Released: 11/07/2006. AUCTION NO. 70 FREEZES ANNOUNCED FOR FM MINOR CHANGE APPLICATIONS AND CERTAIN RULEMAKING FILINGS. (DA No. 06-2277). MB. Contact: James Bradshaw or Rudy Bonacci at (202) 418-2700 [4]DA-06-2277A1.doc [5]DA-06-2277A1.pdf [6]DA-06-2277A1.txt Report No: 46357
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080819.html
- 445 12th St., SW Washington, D.C. 20554 Vol. 27 No. 161 News media information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 202/418-2555 August 19, 2008 __________________________________________________________________ THE FOLLOWING ITEMS ARE DATED AND RELEASED TODAY: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 08/19/2008. CONSUMER & GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON LIBERTY PUBLIC SCHOOL DISTRICT PETITION FOR WAIVER OF 47 C.F.R . 64.1601(B) REGARDING THE TRANSMISSION OF CALLING PARTY NUMBER. (DA No. 08-1924). (Dkt No 91-281). CGB. Contact: Julie Saulnier at (202) 418-1598, email: Julie.Saulnier@fcc.gov [1]DA-08-1924A1.doc [2]DA-08-1924A1.pdf [3]DA-08-1924A1.txt Report No: 46803 Released: 08/19/2008. BROADCAST ACTIONS. MB [4]DOC-284609A1.txt [5]DOC-284609A2.pdf Report No: 26803 Released: 08/19/2008. BROADCAST APPLICATIONS. MB [6]DOC-284608A2.txt [7]DOC-284608A1.pdf Released: 08/19/2008. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS. OMD. Contact:
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120523.html
- PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ASSIGNMENT OF LICENSE AUTHORIZATION APPLICATIONS, TRANSFER OF CONTROL OF LICENSEE APPLICATIONS, AND DE FACTO TRANSFER LEASE APPLICATIONS, AND DESIGNATED ENTITY REPORTABLE ELIGIBILITY EVENT APPLICATIONS ACCEPTED FOR FILING. PSHSB [68]DOC-314216A1.pdf [69]DOC-314216A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RULES AND POLICIES REGARDING CALLING NUMBER IDENTIFICATION SERVICE - CALLER ID. Granted the petition for limited waiver of section 64.1601(b) of the Commission's rules, 47 C.F.R. Section 64.1601(b), filed by the National Aeronautics and Space Administration, John F. Kennedy Space Center, with conditions. Action by: Acting Chief, Consumer & Governmental Affairs Bureau. Adopted: 05/23/2012 by ORDER. (DA No. 12-808). CGB [70]DA-12-808A1.doc [71]DA-12-808A1.pdf [72]DA-12-808A1.txt ANNISTON SEVENTH-DAY ADVENTIST CHURCH AND BOARD OF TRUSTEES OF JACKSONVILLE STATE UNIVERSITY. Granted the Petition. Rescinded the
- http://www.fcc.gov/cgb/policy/02-278finalrules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. 4. Section 64.1601 is amended by adding paragraph (e) to read as follows: * * * * * (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(7) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available
- http://www.fcc.gov/cgb/policy/Telemarketing-Rules.pdf
- The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. § 64.1601 Delivery requirements and privacy restrictions. (e) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10) must transmit caller identification information. (i) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. It shall not be a violation of this paragraph
- http://www.fcc.gov/cgb/policy/welcomeSpanish.html
- [180]Word | [181]Acrobat 03/22/07 Petition for Reconsideration filed by Cingular Wireless, LLC of the Commission's CAN-SPAM Order Denied. Order: [182]Word | [183]Acrobat 01/26/07 Annual Report on the National Do-Not-Call Registry Report: [184]Word | [185]Acrobat 11/07/06 Consumer & Governmental Affairs Bureau Seeks Comment on National Aeronautics and Space Administration, John F. Kennedy Space Center Petition for Waiver of 47 C.F.R. Section 64.1601(B) Regarding the Transmission of Calling Party Number. Public Notice: [186]Word | [187]Acrobat 09/13/06 The Commission adopts minor modifications to section 64.4002 of the its customer account record exchange (CARE) rules. Order on Reconsideration: [188]Word | [189]Acrobat 07/27/06 Consumer & Governmental Affairs Bureau Announces August 1st Effective Date of Amended Facsimile Advertising Rules. Public Notice: [190]Word | [191]Acrobat 07/21/06 FCC Announces
- http://www.fcc.gov/eb/Orders/2006/DA-06-749A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information. The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer. The telephone number transmitted in the caller identification information must permit any individual to
- http://www.fcc.gov/eb/Orders/2006/DA-06-74A1.html
- or other entity must be provided either during or after the prerecorded message. According to the attached information received by the Commission, it appears that your telephone solicitation(s) did not contain all of the required information. In addition, it appears that your company, acting under your direction, has also violated the caller identification provisions in the Commission's rules. Under section 64.1601(e), any person or entity that engages in telemarketing must transmit caller identification information.11 The caller identification information must include: 1) the telemarketer's telephone number used in, or billed for, making the call; and 2) when made available by the telemarketer's carrier, the name of the telemarketer.12 The telephone number transmitted in the caller identification information must permit any individual to
- http://www.fcc.gov/eb/Orders/2007/FCC-07-67A1.html
- orally by Dynasty's telemarketer. "This phone line is not used for outbound calls; doing so would occupy the main incoming line preventing incoming calls. The phone system at 4660 E. La Jolla Village Dr. Ste. 400 San Diego, CA 92122 does not allow outbound calls using the phone line 858-362-8585." Dynasty April 12 NAL Response at 20. 47 U.S.C. S 64.1601(e); 2003 TCPA Order, 18 FCC Rcd at 14122. The Dynasty NAL does not address Dynasty's compliance with the safe harbor requirement to record company-specific do-not-call requests, 47 C.F.R. S 64.1200(c)(2)(i)(C). Likewise, we do not address this safe harbor aspect here although we note that we have not received complaints that Dynasty has failed to honor company-specific do-not-call requests within the
- http://www.fcc.gov/eb/Orders/2011/DOC-313017A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [CDS Marketing] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313019A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A Discount Travel initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2011/DOC-313020A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Focus Financial initiated, or caused to be initiated, one or more calls or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313021A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Resort Marketing Group, aka C. L. Cruises, initiated, or caused to be initiated, one or more calls, or sent, or caused
- http://www.fcc.gov/eb/Orders/2011/DOC-313022A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that McKay Financial Network initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2011/DOC-313023A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that PCS, Inc. initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313024A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that [Planet Pizza] initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one or
- http://www.fcc.gov/eb/Orders/2011/DOC-313025A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that A. Mitlo Roofing initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2011/DOC-313028A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that Somaticare, Inc., aka DSM Supply, LLC, initiated, or caused to be initiated, one or more calls or sent, or caused to
- http://www.fcc.gov/eb/Orders/2011/FCC-11-163A1.html
- repeatedly violated section 227(b)(1) of the Communications Act of 1934, as amended ("Communications Act" or "Act") and section 64.1200(a) of the Commission's rules by delivering 185 unsolicited, prerecorded messages to 142 telephone numbers assigned either to cell phones or residential telephone lines. Moreover, in the case of at least one of the prerecorded calls, Travel Club also apparently violated section 64.1601(e) of the Commission's rules, requiring that telemarketers transmit caller identification information. Based on the facts and circumstances surrounding Travel Club's apparent violations of the prohibitions against unsolicited, prerecorded messages, we find that Travel Club is apparently liable for a proposed forfeiture in the amount of $2,960,000. II. BACKGROUND 2. The Telephone Consumer Protection Act of 1991 ("TCPA") was enacted to
- http://www.fcc.gov/eb/Orders/2011/FCC-11-61A1.html
- but received an odd tone and was disconnected; therefore I am unable to ask that they stop calling."). See, e.g., complaint dated April 11, 2010 from M. Strain ("I left multiple messages to take me off their calling list . . . but the calls continue."). The Commission's rules require that telemarketers transmit accurate caller ID information. 47 C.F.R. S: 64.1601(e). Letter from Audio Visual Projection Services, dated September 28, 2010, forwarded by letter from Senator John McCain to Kevin Washington, Acting Director of FCC Office of Legislative Affairs, dated October 8, 2010. Dynasty Mortgage, LLC, Order of Forfeiture, 22 FCC Rcd 9453, 9469 (2007). See 47 U.S.C. S: 503(b)(4)(C); 47 C.F.R. S: 1.80(f)(3). 47 C.F.R. S: 1.80. (...continued from previous
- http://www.fcc.gov/eb/Orders/2012/DOC-313029A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Mortgage initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2012/DOC-313030A1.html
- S: 503(b)(5), for violations of the Act and the Commission's rules that govern telephone solicitations, prerecorded and autodialed telephone calls, and facsimile or "fax" transmissions. You are hereby on notice that if you subsequently engage in any conduct of the type described in this citation, including Attachment A hereto, in violation of section 227 of the Act or sections 64.1200, 64.1601(e), or 68.318 of the Commission's rules, you and your company may be subject to further legal action, including monetary fines (forfeitures). Based on the record developed in this case, the Enforcement Bureau, acting through its delegated authority, finds that National Capital Exchange initiated, or caused to be initiated, one or more calls, or sent, or caused to be sent, one
- http://www.fcc.gov/eb/Orders/2012/FCC-12-19A1.html
- against FeatureGroup IP under section 208 of the Act and rules 1.716-1.719, 47 C.F.R. S:S: 1.716-1.719. The informal complaint challenges the lawfulness of the SLTS Tariff on several grounds not alleged in the formal Complaint, including that (i) SLTS is an "enhanced service" not eligible for inclusion in a Title II tariff; (ii) the SLTS Tariff violates 47 C.F.R. S: 64.1601(c)(2) by charging connecting carriers for the delivery of calling party number parameters; (iii) the SLTS Tariff violates section 201(b) of the Act by "deeming" AT&T Texas to have ordered SLTS; and (iv) the SLTS Tariff violates section 201(b) of the Act by charging unreasonably high rates for SLTS. Informal Complaint of AT&T Texas, Letter from Aaron M. Panner, Counsel for
- http://www.fcc.gov/ogc/briefs/03-1429.pdf
- ........................................... 43 16 C.F.R. § 310.4(b)(1)(iii) ..................................... 27, 29 16 C.F.R. § 310.4(b)(1)(iii)(A) ................................... 37, 42 16 C.F.R. § 310.4(b)(1)(iii)(B) ..............................10, 11, 42, 56 16 C.F.R. § 310.8(c) .............................................. 55 -ix- 47 C.F.R. § 64.1200(c)(2) ....................................... 7, 27 47 C.F.R. § 64.1200(c)(2)(ii) ....................................... 42 47 C.F.R. § 64.1200(d) ......................................... 37, 42 47 C.F.R. § 64.1200(f)(9) .......................................... 29 47 C.F.R. § 64.1601(e) ............................................ 43 LEGISLATIVE MATERIALS 149 Cong. Rec. H8916-17 (daily ed. Sept. 25, 2003) .................... 59 H.R. Rep. No. 102-317 (1991) .............................. 6, 26, 46, 48 H.R. Rep. No. 108-8 (2003) ........................................ 57 MISCELLANEOUS 60 Fed. Reg. 43842 (1995).......................................... 9 67 Fed. Reg. 4492 (2002) ........................................... 9 68 Fed. Reg. 4580 (2003) ....................................... passim 68 Fed. Reg. 44144 (2003) .......................................... 1