69–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–806 

ANTI-SPOOFING ACT OF 2016 

NOVEMBER 14, 2016.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 2669] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 2669) to amend the Communications Act of 1934 to 

expand and clarify the prohibition on provision of inaccurate caller 

identification information, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 4 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 5 

Committee Cost Estimate ....................................................................................... 5 

Congressional Budget Office Estimate ................................................................... 5 

Federal Mandates Statement ................................................................................. 7 

Duplication of Federal Programs ............................................................................ 7 

Disclosure of Directed Rule Makings ..................................................................... 7 

Advisory Committee Statement .............................................................................. 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 


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SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Anti-Spoofing Act of 2016’’. 

SEC. 2. SPOOFING PREVENTION. 

(a) EXPANDING AND CLARIFYING PROHIBITION ON MISLEADING OR INACCURATE

CALLER IDENTIFICATION INFORMATION.— 

(1) COMMUNICATIONS FROM OUTSIDE THE UNITED STATES.—Section 227(e)(1) of 

the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by striking 

‘‘in connection with any telecommunications service or IP-enabled voice service’’ 

and inserting ‘‘or any person outside the United States if the recipient is within 

the United States, in connection with any voice service or text messaging service’’. 

(2) COVERAGE OF TEXT MESSAGES AND VOICE SERVICES.—Section 227(e)(8) of 

the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended— 

(A) in subparagraph (A), by striking ‘‘telecommunications service or IPenabled voice service’’ and inserting ‘‘voice service or a text message sent 

using a text messaging service’’; 

(B) in the first sentence of subparagraph (B), by striking ‘‘telecommunications service or IP-enabled voice service’’ and inserting ‘‘voice service or 

a text message sent using a text messaging service’’; and 

(C) by striking subparagraph (C) and inserting the following: 

‘‘(C) TEXT MESSAGE.—The term ‘text message’— 

‘‘(i) means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as 

the receiving or transmitting device by means of a 10-digit telephone 

number or N11 service code; 

‘‘(ii) includes a short message service (commonly referred to as ‘SMS’) 

message and a multimedia message service (commonly referred to as 

‘MMS’) message; and 

‘‘(iii) does not include— 

‘‘(I) a real-time, 2-way voice or video communication; or 

‘‘(II) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii). 

‘‘(D) TEXT MESSAGING SERVICE.—The term ‘text messaging service’ means 

a service that enables the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. 

‘‘(E) VOICE SERVICE.—The term ‘voice service’— 

‘‘(i) means any service that is interconnected with the public switched 

telephone network and that furnishes voice communications to an end 

user using resources from the North American Numbering Plan or any 

successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1); and 

‘‘(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.’’. 

(3) TECHNICAL AMENDMENT.—Section 227(e) of the Communications Act of 

1934 (47 U.S.C. 227(e)) is amended in the heading by inserting ‘‘MISLEADING

OR’’ before ‘‘INACCURATE’’. 

(4) REGULATIONS.— 

(A) IN GENERAL.—Section 227(e)(3)(A) of the Communications Act of 1934 

(47 U.S.C. 227(e)(3)(A)) is amended by striking ‘‘Not later than 6 months 

after the date of enactment of the Truth in Caller ID Act of 2009, the Commission’’ and inserting ‘‘The Commission’’. 

(B) DEADLINE.—The Commission shall prescribe regulations to implement 

the amendments made by this subsection not later than 18 months after 

the date of enactment of this Act. 

(5) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 6 months after the date on which the Commission prescribes regulations under paragraph (4). 

(b) CONSUMER EDUCATION MATERIALS ON HOW TO AVOID SCAMS THAT RELY UPON

MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION.— 

(1) DEVELOPMENT OF MATERIALS.—Not later than 1 year after the date of enactment of this Act, the Commission, in coordination with the Federal Trade 

Commission, shall develop consumer education materials that provide information about— 

(A) ways for consumers to identify scams and other fraudulent activity 

that rely upon the use of misleading or inaccurate caller identification information; and 


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(B) existing technologies, if any, that a consumer can use to protect 

against such scams and other fraudulent activity. 

(2) CONTENTS.—In developing the consumer education materials under paragraph (1), the Commission shall— 

(A) identify existing technologies, if any, that can help consumers guard 

themselves against scams and other fraudulent activity that rely upon the 

use of misleading or inaccurate caller identification information, including— 

(i) descriptions of how a consumer can use the technologies to protect 

against such scams and other fraudulent activity; and 

(ii) details on how consumers can access and use the technologies; 

and 

(B) provide other information that may help consumers identify and avoid 

scams and other fraudulent activity that rely upon the use of misleading 

or inaccurate caller identification information. 

(3) UPDATES.—The Commission shall ensure that the consumer education materials required under paragraph (1) are updated on a regular basis. 

(4) WEBSITE.—The Commission shall include the consumer education materials developed under paragraph (1) on its website. 

(c) GAO REPORT ON COMBATING THE FRAUDULENT PROVISION OF MISLEADING OR

INACCURATE CALLER IDENTIFICATION INFORMATION.— 

(1) IN GENERAL.—The Comptroller General of the United States shall conduct 

a study of the actions the Commission and the Federal Trade Commission have 

taken to combat the fraudulent provision of misleading or inaccurate caller 

identification information, and the additional measures that could be taken to 

combat such activity. 

(2) REQUIRED CONSIDERATIONS.—In conducting the study under paragraph (1), 

the Comptroller General shall examine— 

(A) trends in the types of scams that rely on misleading or inaccurate 

caller identification information; 

(B) previous and current enforcement actions by the Commission and the 

Federal Trade Commission to combat the practices prohibited by section 

227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)); 

(C) current efforts by industry groups and other entities to develop technical standards to deter or prevent the fraudulent provision of misleading 

or inaccurate caller identification information, and how such standards may 

help combat the current and future provision of misleading or inaccurate 

caller identification information; and 

(D) whether there are additional actions the Commission, the Federal 

Trade Commission, and Congress should take to combat the fraudulent provision of misleading or inaccurate caller identification information. 

(3) REPORT.—Not later than 18 months after the date of enactment of this 

Act, the Comptroller General shall submit to the Committee on Energy and 

Commerce of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the findings of the study 

under paragraph (1), including any recommendations regarding combating the 

fraudulent provision of misleading or inaccurate caller identification information. 

(d) RULE OF CONSTRUCTION.—Nothing in this section, or the amendments made 

by this section, shall be construed to modify, limit, or otherwise affect any rule or 

order adopted by the Commission in connection with— 

(1) the Telephone Consumer Protection Act of 1991 (Public Law 102–243; 105 

Stat. 2394) or the amendments made by that Act; or 

(2) the CAN–SPAM Act of 2003 (15 U.S.C. 7701 et seq.). 

(e) COMMISSION DEFINED.—In this section, the term ‘‘Commission’’ means the Federal Communications Commission. 

Amend the title so as to read: 

A bill to amend the Communications Act of 1934 to expand and 

clarify the prohibition on provision of misleading or inaccurate caller identification information, and for other purposes. 

PURPOSE AND SUMMARY

H.R. 2669 expands the Truth in Caller ID Act, which prohibits 

the provision of inaccurate caller identification information, to include text messages. 


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BACKGROUND AND NEED FOR LEGISLATION

Spoofing is a practice in which a phone number shown on a 

phone or caller identification device is deliberately falsified, often 

to portray an official entity such as a government agency or credit 

card company, typically with malicious intent. Spoofing is a commonly used tool for a number of illegal practices, including 

phishing for personal information and swattingo calling in a fictitious crime in progress in order to generate a police response. The 

original Truth in Caller ID Act of 2009 prohibits spoofing voice caller identification. However, as communications methods and consumer habits continue to evolve, so too do the attempts by third 

parties to fraudulently gain personal information for criminal use. 

Many Americans are now relying on text messaging to stay connected, and this method of communication has become a target for 

spoofing in much the same way voice calls have been. 

H.R. 2669 extends the provisions of the Truth in Caller ID Act 

to include text messaging as well as Voice over Internet Protocol 

services. The legislation, introduced by Rep. Barton, Rep. Lance, 

and Rep. Meng, also addresses the growth of services that allow 

users to knowingly transmit misleading or inaccurate caller identification information by adding a definition of ‘‘spoofing service’’ to 

the Truth in Caller ID Act. 

In amending H.R. 2669, the Committee significantly changed the 

definitions of ‘‘text message’’ and ‘‘text messaging service.’’ The 

changes are designed to exclude from these definitions those online 

messaging services that use traditional telephone numbers for the 

purpose of identifying a user’s account, just as other online services 

may use an email address or username for a similar purpose. The 

excluded services do not use telephone numbers to interconnect 

with the public switched telephone network or enable communication with individuals who do not subscribe to the same messaging 

service. The Committee intends the Commission to devise its rules 

using the meanings set forth in the legislation. ‘‘Short message 

service’’ and ‘‘multimedia message service’’ should be narrowly interpreted consistent with current industry standards (see, e.g., 

ETSI, Technical Specification, 3GPP TS 23.040 version 12.2.0 Release 12, ETSI TS 123 040 v12.2.0 (Oct. 2014), available at 

www.etsi.org). 

The Committee takes notice of the fact that the language set 

forth in the version of H.R. 2669, as ordered reported, is identical 

to the text relating to the same subject contained in S. 253, the 

Communications Act Update Act of 2016, as passed by the U.S. 

House of Representatives, on September 27, 2016. The House 

passed S. 253, as amended, by unanimous consent. The foregoing 

discussion should therefore serve as an explanation of that bill’s 

provisions for purposes of legislative history. 

HEARINGS

On January 12, 2016, the Subcommittee on Communications and 

Technology held a hearing on H.R. 2669 and received testimony 

from: 

• Elizabeth Bowles, President & Chair of the Board, Aristotle, on behalf of Wireless Internet Service Providers Association; 


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• Harold Feld, Senior Vice President, Public Knowledge; and • Robert McDowell, Partner, Wiley Rein, LLP, Senior Fellow, Hudson Institute; former Commissioner of the Federal 

Communications Commission. 

COMMITTEE CONSIDERATION

On September 12 and 13, 2016, the Subcommittee on Communications and Technology met in open markup session and forwarded H.R. 2669, without amendment, to the full Committee by 

a voice vote. 

On September 20 and 21, 2016, the full Committee on Energy 

and Commerce met in open markup session and ordered H.R. 2669, 

as amended, favorably reported to the House by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no recorded votes taken in connection with ordering H.R. 2669 reported. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal and objective of H.R. 2669 is to prohibit the use of inaccurate caller identification information via text message. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 2669 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 2669 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, October 14, 2016. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2669, the Anti-Spoofing 

Act of 2016. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Stephen Rabent. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 2669—Anti-Spoofing Act of 2016 

Under current law, the Federal Communications Commission 

(FCC) has the authority to levy penalties and criminal fines 

against individuals that use fake information about a caller’s identification to defraud or harm another. H.R. 2669 would expand that 

authority to include the use of text messages and would apply the 

authority to violators outside of the United States if the recipient 

is within the United States. The bill also would direct the FCC to 

develop consumer education materials that provide information for 

consumers on identifying fraudulent caller activities. Finally, H.R. 

2669 would direct the Government Accountability Office (GAO) to 

conduct a study on actions taken by the FCC to combat the provision of inaccurate caller information and identify additional steps 

that could be taken by the agency. 

Based on an analysis of information from the FCC about the 

agency’s current enforcement capabilities, CBO estimates that implementing H.R. 2669 would increase the agency’s costs by less 

than $500,000 to enforce the expanded prohibition and to update 

current consumer education materials. Moreover, the FCC is authorized to collect fees sufficient to offset the costs of its regulatory 

activities each year; therefore, CBO estimates that the net effect on 

discretionary spending would be negligible, assuming appropriation 

actions consistent with that authority. Based on the costs of similar 

reports conducted by GAO, CBO estimates that the increased costs 

to conduct the required study would be insignificant. 

H.R. 2669 would broaden the coverage of current laws relating 

to the use of misleading or inaccurate caller identification information. As a result, the government might be able to pursue cases 

that it otherwise would not be able to prosecute. Because those 

prosecuted and convicted under H.R. 2669 could be subject to 

criminal fines, the federal government might collect additional 

fines. Criminal fines are recorded as revenues, deposited in the 

Crime Victims Fund, and later spent without further appropriation 

action; therefore, pay-as-you-go procedures apply. CBO expects that 

any additional revenues and subsequent direct spending would not 

be significant because the legislation would probably affect only a 

small number of cases. 


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CBO estimates that enacting H.R. 2669 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

H.R. 2669 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Stephen Rabent. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 2669 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

H.R. 2669 directs no rule makings within the meaning of 5 

U.S.C. 551. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION–BY–SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that the Act may be cited as the ‘‘AntiSpoofing Act of 2016’’. 

Section 2. Spoofing prevention 

This section amends the Communications Act to expand the 

Truth in Caller Act to include text messaging services, as well as 

communications from outside of the United States. This section defines the terms ‘‘text message,’’ ‘‘text messaging service,’’ and ‘‘voice 

service.’’ 

This section also requires the Commission, in coordination with 

the Federal Trade Commission, to develop consumer education materials regarding caller ID scams and technologies that can help 

consumers protect themselves against fraudulent activity. 


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This section also requires a Government Accountability Office report on the actions taken by the Federal Communications Commission and FTC to combat caller ID fraud. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

COMMUNICATIONS ACT OF 1934 

* * * * * * * 

TITLE II—COMMON CARRIERS 

PART I—COMMON CARRIER REGULATION 

* * * * * * * 

SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT. 

(a) DEFINITIONS.—As used in this section— 

(1) The term ‘‘automatic telephone dialing system’’ means 

equipment which has the capacity— 

(A) to store or produce telephone numbers to be called, 

using a random or sequential number generator; and 

(B) to dial such numbers. 

(2) The term ‘‘established business relationship’’, for purposes only of subsection (b)(1)(C)(i), shall have the meaning 

given the term in section 64.1200 of title 47, Code of Federal 

Regulations, as in effect on January 1, 2003, except that— 

(A) such term shall include a relationship between a person or entity and a business subscriber subject to the same 

terms applicable under such section to a relationship between a person or entity and a residential subscriber; and 

(B) an established business relationship shall be subject 

to any time limitation established pursuant to paragraph 

(2)(G)). 

(3) The term ‘‘telephone facsimile machine’’ means equipment which has the capacity (A) to transcribe text or images, 

or both, from paper into an electronic signal and to transmit 

that signal over a regular telephone line, or (B) to transcribe 

text or images (or both) from an electronic signal received over 

a regular telephone line onto paper. 

(4) The term ‘‘telephone solicitation’’ means the initiation of 

a telephone call or message for the purpose of encouraging the 

purchase or rental of, or investment in, property, goods, or 

services, which is transmitted to any person, but such term 

does not include a call or message (A) to any person with that 

person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. 


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(5) The term ‘‘unsolicited advertisement’’ means any material 

advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person 

without that person’s prior express invitation or permission, in 

writing or otherwise. 

(b) RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIPMENT.— 

(1) PROHIBITIONS.—It shall be unlawful for any person within the United States, or any person outside the United States, 

or any person outside the United States if the recipient is within the United States if the recipient is within the United 

States— 

(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of 

the called party) using any automatic telephone dialing 

system or an artificial or prerecorded voice— 

(i) to any emergency telephone line (including any 

‘‘911’’ line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency); 

(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly 

home, or similar establishment; or 

(iii) to any telephone number assigned to a paging 

service, cellular telephone service, specialized mobile 

radio service, or other radio common carrier service, or 

any service for which the called party is charged for 

the call, unless such call is made solely to collect a 

debt owed to or guaranteed by the United States; 

(B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the 

called party, unless the call is initiated for emergency purposes, is made solely pursuant to the collection of a debt 

owed to or guaranteed by the United States, or is exempted by rule or order by the Commission under paragraph 

(2)(B); 

(C) to use any telephone facsimile machine, computer, or 

other device to send, to a telephone facsimile machine, an 

unsolicited advertisement, unless— 

(i) the unsolicited advertisement is from a sender 

with an established business relationship with the recipient; 

(ii) the sender obtained the number of the telephone 

facsimile machine through— 

(I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or 

(II) a directory, advertisement, or site on the 

Internet to which the recipient voluntarily agreed 

to make available its facsimile number for public 

distribution, 


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except that this clause shall not apply in the case of 

an unsolicited advertisement that is sent based on an 

established business relationship with the recipient 

that was in existence before the date of enactment of 

the Junk Fax Prevention Act of 2005 if the sender possessed the facsimile machine number of the recipient 

before such date of enactment; and 

(iii) the unsolicited advertisement contains a notice 

meeting the requirements under paragraph (2)(D), 

except that the exception under clauses (i) and (ii) shall 

not apply with respect to an unsolicited advertisement 

sent to a telephone facsimile machine by a sender to whom 

a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that 

complies with the requirements under paragraph (2)(E); or 

(D) to use an automatic telephone dialing system in such 

a way that two or more telephone lines of a multi-line 

business are engaged simultaneously. 

(2) REGULATIONS; EXEMPTIONS AND OTHER PROVISIONS.—The 

Commission shall prescribe regulations to implement the requirements of this subsection. In implementing the requirements of this subsection, the Commission— 

(A) shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or 

prerecorded voice to which they have not given their prior 

express consent; 

(B) may, by rule or order, exempt from the requirements 

of paragraph (1)(B) of this subsection, subject to such conditions as the Commission may prescribe— 

(i) calls that are not made for a commercial purpose; 

and 

(ii) such classes or categories of calls made for commercial purposes as the Commission determines— 

(I) will not adversely affect the privacy rights 

that this section is intended to protect; and 

(II) do not include the transmission of any unsolicited advertisement; 

(C) may, by rule or order, exempt from the requirements 

of paragraph (1)(A)(iii) of this subsection calls to a telephone number assigned to a cellular telephone service that 

are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the 

interest of the privacy rights this section is intended to 

protect; 

(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under 

this subparagraph only if— 

(i) the notice is clear and conspicuous and on the 

first page of the unsolicited advertisement; 

(ii) the notice states that the recipient may make a 

request to the sender of the unsolicited advertisement 

not to send any future unsolicited advertisements to a 

telephone facsimile machine or machines and that failure to comply, within the shortest reasonable time, as 

determined by the Commission, with such a request 


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meeting the requirements under subparagraph (E) is 

unlawful; 

(iii) the notice sets forth the requirements for a request under subparagraph (E); 

(iv) the notice includes— 

(I) a domestic contact telephone and facsimile 

machine number for the recipient to transmit such 

a request to the sender; and 

(II) a cost-free mechanism for a recipient to 

transmit a request pursuant to such notice to the 

sender of the unsolicited advertisement; the Commission shall by rule require the sender to provide 

such a mechanism and may, in the discretion of 

the Commission and subject to such conditions as 

the Commission may prescribe, exempt certain 

classes of small business senders, but only if the 

Commission determines that the costs to such 

class are unduly burdensome given the revenues 

generated by such small businesses; 

(v) the telephone and facsimile machine numbers 

and the cost-free mechanism set forth pursuant to 

clause (iv) permit an individual or business to make 

such a request at any time on any day of the week; 

and 

(vi) the notice complies with the requirements of 

subsection (d); 

(E) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile 

machine complies with the requirements under this subparagraph only if— 

(i) the request identifies the telephone number or 

numbers of the telephone facsimile machine or machines to which the request relates; 

(ii) the request is made to the telephone or facsimile 

number of the sender of such an unsolicited advertisement provided pursuant to subparagraph (D)(iv) or by 

any other method of communication as determined by 

the Commission; and 

(iii) the person making the request has not, subsequent to such request, provided express invitation or 

permission to the sender, in writing or otherwise, to 

send such advertisements to such person at such telephone facsimile machine; 

(F) may, in the discretion of the Commission and subject 

to such conditions as the Commission may prescribe, allow 

professional or trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to 

their members in furtherance of the association’s tax-exempt purpose that do not contain the notice required by 

paragraph (1)(C)(iii), except that the Commission may take 

action under this subparagraph only— 

(i) by regulation issued after public notice and opportunity for public comment; and 

(ii) if the Commission determines that such notice 

required by paragraph (1)(C)(iii) is not necessary to 


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protect the ability of the members of such associations 

to stop such associations from sending any future unsolicited advertisements; 

(G)(i) may, consistent with clause (ii), limit the duration 

of the existence of an established business relationship, 

however, before establishing any such limits, the Commission shall— 

(I) determine whether the existence of the exception 

under paragraph (1)(C) relating to an established business relationship has resulted in a significant number 

of complaints to the Commission regarding the sending of unsolicited advertisements to telephone facsimile machines; 

(II) determine whether a significant number of any 

such complaints involve unsolicited advertisements 

that were sent on the basis of an established business 

relationship that was longer in duration than the 

Commission believes is consistent with the reasonable 

expectations of consumers; 

(III) evaluate the costs to senders of demonstrating 

the existence of an established business relationship 

within a specified period of time and the benefits to recipients of establishing a limitation on such established business relationship; and 

(IV) determine whether with respect to small businesses, the costs would not be unduly burdensome; 

and 

(ii) may not commence a proceeding to determine whether to limit the duration of the existence of an established 

business relationship before the expiration of the 3-month 

period that begins on the date of the enactment of the 

Junk Fax Prevention Act of 2005; and 

(H) may restrict or limit the number and duration of 

calls made to a telephone number assigned to a cellular 

telephone service to collect a debt owed to or guaranteed 

by the United States. 

(3) PRIVATE RIGHT OF ACTION.—A person or entity may, if 

otherwise permitted by the laws or rules of court of a State, 

bring in an appropriate court of that State— 

(A) an action based on a violation of this subsection or 

the regulations prescribed under this subsection to enjoin 

such violation, 

(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each 

such violation, whichever is greater, or 

(C) both such actions. 

If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this 

subsection, the court may, in its discretion, increase the 

amount of the award to an amount equal to not more than 3 

times the amount available under subparagraph (B) of this 

paragraph. 

(c) PROTECTION OF SUBSCRIBER PRIVACY RIGHTS.— 

(1) RULEMAKING PROCEEDING REQUIRED.—Within 120 days 

after the date of enactment of this section, the Commission 


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shall initiate a rulemaking proceeding concerning the need to 

protect residential telephone subscribers’ privacy rights to 

avoid receiving telephone solicitations to which they object. 

The proceeding shall— 

(A) compare and evaluate alternative methods and procedures (including the use of electronic databases, telephone network technologies, special directory markings, 

industry-based or company-specific ‘‘do not call’’ systems, 

and any other alternatives, individually or in combination) 

for their effectiveness in protecting such privacy rights, 

and in terms of their cost and other advantages and disadvantages; 

(B) evaluate the categories of public and private entities 

that would have the capacity to establish and administer 

such methods and procedures; 

(C) consider whether different methods and procedures 

may apply for local telephone solicitations, such as local 

telephone solicitations of small businesses or holders of 

second class mail permits; 

(D) consider whether there is a need for additional Commission authority to further restrict telephone solicitations, including those calls exempted under subsection 

(a)(3) of this section, and, if such a finding is made and 

supported by the record, propose specific restrictions to the 

Congress; and 

(E) develop proposed regulations to implement the methods and procedures that the Commission determines are 

most effective and efficient to accomplish the purposes of 

this section. 

(2) REGULATIONS.—Not later than 9 months after the date of 

enactment of this section, the Commission shall conclude the 

rulemaking proceeding initiated under paragraph (1) and shall 

prescribe regulations to implement methods and procedures for 

protecting the privacy rights described in such paragraph in an 

efficient, effective, and economic manner and without the imposition of any additional charge to telephone subscribers. 

(3) USE OF DATABASE PERMITTED.—The regulations required 

by paragraph (2) may require the establishment and operation 

of a single national database to compile a list of telephone 

numbers of residential subscribers who object to receiving telephone solicitations, and to make that compiled list and parts 

thereof available for purchase. If the Commission determines 

to require such a database, such regulations shall— 

(A) specify a method by which the Commission will select an entity to administer such database; 

(B) require each common carrier providing telephone exchange service, in accordance with regulations prescribed 

by the Commission, to inform subscribers for telephone exchange service of the opportunity to provide notification, in 

accordance with regulations established under this paragraph, that such subscriber objects to receiving telephone 

solicitations; 

(C) specify the methods by which each telephone subscriber shall be informed, by the common carrier that provides local exchange service to that subscriber, of (i) the 


srobinson on DSK5SPTVN1PROD with HEARING
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subscriber’s right to give or revoke a notification of an objection under subparagraph (A), and (ii) the methods by 

which such right may be exercised by the subscriber; 

(D) specify the methods by which such objections shall 

be collected and added to the database; 

(E) prohibit any residential subscriber from being 

charged for giving or revoking such notification or for 

being included in a database compiled under this section; 

(F) prohibit any person from making or transmitting a 

telephone solicitation to the telephone number of any subscriber included in such database; 

(G) specify (i) the methods by which any person desiring 

to make or transmit telephone solicitations will obtain access to the database, by area code or local exchange prefix, 

as required to avoid calling the telephone numbers of subscribers included in such database; and (ii) the costs to be 

recovered from such persons; 

(H) specify the methods for recovering, from persons accessing such database, the costs involved in identifying, 

collecting, updating, disseminating, and selling, and other 

activities relating to, the operations of the database that 

are incurred by the entities carrying out those activities; 

(I) specify the frequency with which such database will 

be updated and specify the method by which such updating will take effect for purposes of compliance with the 

regulations prescribed under this subsection; 

(J) be designed to enable States to use the database 

mechanism selected by the Commission for purposes of administering or enforcing State law; 

(K) prohibit the use of such database for any purpose 

other than compliance with the requirements of this section and any such State law and specify methods for protection of the privacy rights of persons whose numbers are 

included in such database; and 

(L) require each common carrier providing services to 

any person for the purpose of making telephone solicitations to notify such person of the requirements of this section and the regulations thereunder. 

(4) CONSIDERATIONS REQUIRED FOR USE OF DATABASE METH- OD.—If the Commission determines to require the database 

mechanism described in paragraph (3), the Commission shall— 

(A) in developing procedures for gaining access to the 

database, consider the different needs of telemarketers 

conducting business on a national, regional, State, or local 

level; 

(B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and— 

(i) reflect the relative costs of providing a national, 

regional, State, or local list of phone numbers of subscribers who object to receiving telephone solicitations; 

(ii) reflect the relative costs of providing such lists 

on paper or electronic media; and 

(iii) not place an unreasonable financial burden on 

small businesses; and 


srobinson on DSK5SPTVN1PROD with HEARING
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(C) consider (i) whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and (ii) if such directories are needed as an adjunct to database lists prepared 

by area code and local exchange prefix. 

(5) PRIVATE RIGHT OF ACTION.—A person who has received 

more than one telephone call within any 12-month period by 

or on behalf of the same entity in violation of the regulations 

prescribed under this subsection may, if otherwise permitted 

by the laws or rules of court of a State bring in an appropriate 

court of that State— 

(A) an action based on a violation of the regulations prescribed under this subsection to enjoin such violation, 

(B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for 

each such violation, whichever is greater, or 

(C) both such actions. 

It shall be an affirmative defense in any action brought under 

this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to 

effectively prevent telephone solicitations in violation of the 

regulations prescribed under this subsection. If the court finds 

that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its 

discretion, increase the amount of the award to an amount 

equal to not more than 3 times the amount available under 

subparagraph (B) of this paragraph. 

(6) RELATION TO SUBSECTION (b).—The provisions of this subsection shall not be construed to permit a communication prohibited by subsection (b). 

(d) TECHNICAL AND PROCEDURAL STANDARDS.— (1) PROHIBITION.—It shall be unlawful for any person within 

the United States— 

(A) to initiate any communication using a telephone facsimile machine, or to make any telephone call using any 

automatic telephone dialing system, that does not comply 

with the technical and procedural standards prescribed 

under this subsection, or to use any telephone facsimile 

machine or automatic telephone dialing system in a manner that does not comply with such standards; or 

(B) to use a computer or other electronic device to send 

any message via a telephone facsimile machine unless 

such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first 

page of the transmission, the date and time it is sent and 

an identification of the business, other entity, or individual 

sending the message and the telephone number of the 

sending machine or of such business, other entity, or individual. 

(2) TELEPHONE FACSIMILE MACHINES.—The Commission shall 

revise the regulations setting technical and procedural standards for telephone facsimile machines to require that any such 

machine which is manufactured after one year after the date 

of enactment of this section clearly marks, in a margin at the 

top or bottom of each transmitted page or on the first page of 


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each transmission, the date and time sent, an identification of 

the business, other entity, or individual sending the message, 

and the telephone number of the sending machine or of such 

business, other entity, or individual. 

(3) ARTIFICIAL OR PRERECORDED VOICE SYSTEMS.—The Commission shall prescribe technical and procedural standards for 

systems that are used to transmit any artificial or prerecorded 

voice message via telephone. Such standards shall require 

that— 

(A) all artificial or prerecorded telephone messages (i) 

shall, at the beginning of the message, state clearly the 

identity of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, 

state clearly the telephone number or address of such business, other entity, or individual; and 

(B) any such system will automatically release the called 

party’s line within 5 seconds of the time notification is 

transmitted to the system that the called party has hung 

up, to allow the called party’s line to be used to make or 

receive other calls. 

(e) PROHIBITION ON PROVISION OF MISLEADING OR INACCURATE

CALLER IDENTIFICATION INFORMATION.— 

(1) IN GENERAL.—It shall be unlawful for any person within 

the United States, øin connection with any telecommunications 

service or IP-enabled voice service¿ or any person outside the 

United States if the recipient is within the United States, in 

connection with any voice service or text messaging service, to 

cause any caller identification service to knowingly transmit 

misleading or inaccurate caller identification information with 

the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted pursuant 

to paragraph (3)(B). 

(2) PROTECTION FOR BLOCKING CALLER IDENTIFICATION INFORMATION.—Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any 

caller identification service to transmit caller identification information. 

(3) REGULATIONS.— 

(A) IN GENERAL.—øNot later than 6 months after the 

date of enactment of the Truth in Caller ID Act of 2009, 

the Commission¿ The Commission shall prescribe regulations to implement this subsection. 

(B) CONTENT OF REGULATIONS.— 

(i) IN GENERAL.—The regulations required under 

subparagraph (A) shall include such exemptions from 

the prohibition under paragraph (1) as the Commission determines is appropriate. 

(ii) SPECIFIC EXEMPTION FOR LAW ENFORCEMENT

AGENCIES OR COURT ORDERS.—The regulations required under subparagraph (A) shall exempt from the 

prohibition under paragraph (1) transmissions in connection with— 

(I) any authorized activity of a law enforcement 

agency; or 


srobinson on DSK5SPTVN1PROD with HEARING
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(II) a court order that specifically authorizes the 

use of caller identification manipulation. 

(4) REPORT.—Not later than 6 months after the enactment of 

the Truth in Caller ID Act of 2009, the Commission shall report to Congress whether additional legislation is necessary to 

prohibit the provision of inaccurate caller identification information in technologies that are successor or replacement technologies to telecommunications service or IP-enabled voice 

service. 

(5) PENALTIES.— 

(A) CIVIL FORFEITURE.— 

(i) IN GENERAL.—Any person that is determined by 

the Commission, in accordance with paragraphs (3) 

and (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture 

penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that 

amount for each day of a continuing violation, except 

that the amount assessed for any continuing violation 

shall not exceed a total of $1,000,000 for any single act 

or failure to act. 

(ii) RECOVERY.—Any forfeiture penalty determined 

under clause (i) shall be recoverable pursuant to section 504(a). 

(iii) PROCEDURE.—No forfeiture liability shall be determined under clause (i) against any person unless 

such person receives the notice required by section 

503(b)(3) or section 503(b)(4). 

(iv) 2-YEAR STATUTE OF LIMITATIONS.—No forfeiture 

penalty shall be determined or imposed against any 

person under clause (i) if the violation charged occurred more than 2 years prior to the date of issuance 

of the required notice or notice or apparent liability. 

(B) CRIMINAL FINE.—Any person who willfully and knowingly violates this subsection shall upon conviction thereof 

be fined not more than $10,000 for each violation, or 3 

times that amount for each day of a continuing violation, 

in lieu of the fine provided by section 501 for such a violation. This subparagraph does not supersede the provisions 

of section 501 relating to imprisonment or the imposition 

of a penalty of both fine and imprisonment. 

(6) ENFORCEMENT BY STATES.— 

(A) IN GENERAL.—The chief legal officer of a State, or 

any other State officer authorized by law to bring actions 

on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that 

State in an appropriate district court of the United States 

to enforce this subsection or to impose the civil penalties 

for violation of this subsection, whenever the chief legal officer or other State officer has reason to believe that the 

interests of the residents of the State have been or are 


srobinson on DSK5SPTVN1PROD with HEARING
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being threatened or adversely affected by a violation of 

this subsection or a regulation under this subsection. 

(B) NOTICE.—The chief legal officer or other State officer 

shall serve written notice on the Commission of any civil 

action under subparagraph (A) prior to initiating such civil 

action. The notice shall include a copy of the complaint to 

be filed to initiate such civil action, except that if it is not 

feasible for the State to provide such prior notice, the 

State shall provide such notice immediately upon instituting such civil action. 

(C) AUTHORITY TO INTERVENE.—Upon receiving the notice required by subparagraph (B), the Commission shall 

have the right— 

(i) to intervene in the action; 

(ii) upon so intervening, to be heard on all matters 

arising therein; and 

(iii) to file petitions for appeal. 

(D) CONSTRUCTION.—For purposes of bringing any civil 

action under subparagraph (A), nothing in this paragraph 

shall prevent the chief legal officer or other State officer 

from exercising the powers conferred on that officer by the 

laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of 

witnesses or the production of documentary and other evidence. 

(E) VENUE; SERVICE OR PROCESS.— (i) VENUE.—An action brought under subparagraph 

(A) shall be brought in a district court of the United 

States that meets applicable requirements relating to 

venue under section 1391 of title 28, United States 

Code. 

(ii) SERVICE OF PROCESS.—In an action brought 

under subparagraph (A)— 

(I) process may be served without regard to the 

territorial limits of the district or of the State in 

which the action is instituted; and 

(II) a person who participated in an alleged violation that is being litigated in the civil action 

may be joined in the civil action without regard to 

the residence of the person. 

(7) EFFECT ON OTHER LAWS.—This subsection does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United 

States, a State, or a political subdivision of a State, or of an 

intelligence agency of the United States. 

(8) DEFINITIONS.—For purposes of this subsection: 

(A) CALLER IDENTIFICATION INFORMATION.—The term 

‘‘caller identification information’’ means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a øtelecommunications service 

or IP-enabled voice service¿ voice service or a text message 

sent using a text messaging service. (B) CALLER IDENTIFICATION SERVICE.—The term ‘‘caller 

identification service’’ means any service or device deVerDate Sep 11 2014 19:25 Nov 19, 2016 Jkt 069006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR806.XXX HR806

srobinson on DSK5SPTVN1PROD with HEARING
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signed to provide the user of the service or device with the 

telephone number of, or other information regarding the 

origination of, a call made using a øtelecommunications 

service or IP-enabled voice service¿ voice service or a text 

message sent using a text messaging service. Such term includes automatic number identification services. 

ø(C) IP-ENABLED VOICE SERVICE.—The term ‘‘IP-enabled 

voice service’’ has the meaning given that term by section 

9.3 of the Commission’s regulations (47 C.F.R. 9.3), as 

those regulations may be amended by the Commission 

from time to time.¿ 

(C) TEXT MESSAGE.—The term ‘‘text message’’— 

(i) means a message consisting of text, images, 

sounds, or other information that is transmitted to or 

from a device that is identified as the receiving or 

transmitting device by means of a 10-digit telephone 

number or N11 service code; 

(ii) includes a short message service (commonly referred to as ‘‘SMS’’) message and a multimedia message service (commonly referred to as ‘‘MMS’’) message; 

and 

(iii) does not include— 

(I) a real-time, 2-way voice or video communication; or 

(II) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in 

clause (ii). 

(D) TEXT MESSAGING SERVICE.—The term ‘‘text messaging 

service’’ means a service that enables the transmission or 

receipt of a text message, including a service provided as 

part of or in connection with a voice service. 

(E) VOICE SERVICE.—The term ‘‘voice service’’— 

(i) means any service that is interconnected with the 

public switched telephone network and that furnishes 

voice communications to an end user using resources 

from the North American Numbering Plan or any successor to the North American Numbering Plan adopted 

by the Commission under section 251(e)(1); and 

(ii) includes transmissions from a telephone facsimile 

machine, computer, or other device to a telephone facsimile machine. 

(9) LIMITATION.—Notwithstanding any other provision of this 

section, subsection (f) shall not apply to this subsection or to 

the regulations under this subsection. 

(f) EFFECT ON STATE LAW.— 

(1) STATE LAW NOT PREEMPTED.—Except for the standards 

prescribed under subsection (d) and subject to paragraph (2) of 

this subsection, nothing in this section or in the regulations 

prescribed under this section shall preempt any State law that 

imposes more restrictive intrastate requirements or regulations 

on, or which prohibits— 

(A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements; 

(B) the use of automatic telephone dialing systems; 


srobinson on DSK5SPTVN1PROD with HEARING
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(C) the use of artificial or prerecorded voice messages; or 

(D) the making of telephone solicitations. 

(2) STATE USE OF DATABASES.—If, pursuant to subsection 

(c)(3), the Commission requires the establishment of a single 

national database of telephone numbers of subscribers who object to receiving telephone solicitations, a State or local authority may not, in its regulation of telephone solicitations, require 

the use of any database, list, or listing system that does not 

include the part of such single national database that relates 

to such State. 

(g) ACTIONS BY STATES.— (1) AUTHORITY OF STATES.—Whenever the attorney general of 

a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in 

a pattern or practice of telephone calls or other transmissions 

to residents of that State in violation of this section or the regulations prescribed under this section, the State may bring a 

civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds 

the defendant willfully or knowingly violated such regulations, 

the court may, in its discretion, increase the amount of the 

award to an amount equal to not more than 3 times the 

amount available under the preceding sentence. 

(2) EXCLUSIVE JURISDICTION OF FEDERAL COURTS.—The district courts of the United States, the United States courts of 

any territory, and the District Court of the United States for 

the District of Columbia shall have exclusive jurisdiction over 

all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs 

of mandamus, or orders affording like relief, commanding the 

defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a 

permanent or temporary injunction or restraining order shall 

be granted without bond. 

(3) RIGHTS OF COMMISSION.—The State shall serve prior written notice of any such civil action upon the Commission and 

provide the Commission with a copy of its complaint, except in 

any case where such prior notice is not feasible, in which case 

the State shall serve such notice immediately upon instituting 

such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all 

matters arising therein, and (C) to file petitions for appeal. 

(4) VENUE; SERVICE OF PROCESS.—Any civil action brought 

under this subsection in a district court of the United States 

may be brought in the district wherein the defendant is found 

or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be 

served in any district in which the defendant is an inhabitant 

or where the defendant may be found. 

(5) INVESTIGATORY POWERS.—For purposes of bringing any 

civil action under this subsection, nothing in this section shall 

prevent the attorney general of a State, or an official or agency 


srobinson on DSK5SPTVN1PROD with HEARING
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designated by a State, from exercising the powers conferred on 

the attorney general or such official by the laws of such State 

to conduct investigations or to administer oaths or affirmations 

or to compel the attendance of witnesses or the production of 

documentary and other evidence. 

(6) EFFECT ON STATE COURT PROCEEDINGS.—Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the 

basis of an alleged violation of any general civil or criminal 

statute of such State. 

(7) LIMITATION.—Whenever the Commission has instituted a 

civil action for violation of regulations prescribed under this 

section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action 

against any defendant named in the Commission’s complaint 

for any violation as alleged in the Commission’s complaint. 

(8) DEFINITION.—As used in this subsection, the term ‘‘attorney general’’ means the chief legal officer of a State. 

(h) JUNK FAX ENFORCEMENT REPORT.—The Commission shall 

submit an annual report to Congress regarding the enforcement 

during the past year of the provisions of this section relating to 

sending of unsolicited advertisements to telephone facsimile machines, which report shall include— 

(1) the number of complaints received by the Commission 

during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation 

of the Commission’s rules; 

(2) the number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements 

to telephone facsimile machines; 

(3) the number of notices of apparent liability issued by the 

Commission pursuant to section 503 during the year to enforce 

any law, regulation, or policy relating to sending of unsolicited 

advertisements to telephone facsimile machines; 

(4) for each notice referred to in paragraph (3)— 

(A) the amount of the proposed forfeiture penalty involved; 

(B) the person to whom the notice was issued; 

(C) the length of time between the date on which the 

complaint was filed and the date on which the notice was 

issued; and 

(D) the status of the proceeding; 

(5) the number of final orders imposing forfeiture penalties 

issued pursuant to section 503 during the year to enforce any 

law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines; 

(6) for each forfeiture order referred to in paragraph (5)— 

(A) the amount of the penalty imposed by the order; 

(B) the person to whom the order was issued; 

(C) whether the forfeiture penalty has been paid; and 

(D) the amount paid; 

(7) for each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the 


srobinson on DSK5SPTVN1PROD with HEARING
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Commission referred such matter for recovery of the penalty; 

and 

(8) for each case in which the Commission referred such an 

order for recovery— 

(A) the number of days from the date the Commission 

issued such order to the date of such referral; 

(B) whether an action has been commenced to recover 

the penalty, and if so, the number of days from the date 

the Commission referred such order for recovery to the 

date of such commencement; and 

(C) whether the recovery action resulted in collection of 

any amount, and if so, the amount collected. 

* * * * * * * 

Æ 


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