Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 61381

Parties who choose to file by paper 

must send an original and four (4) 

copies of each filing. Filings can be sent 

by hand or messenger delivery, by 

electronic media, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). The Commission’s contractor, 

Natek, Inc., will receive hand-delivered 

or messenger-delivered paper filings or 

electronic media for the Commission’s 

Secretary at 236 Massachusetts Avenue, 

NE., Suite 110, Washington, DC 20002. 

The filing hours at this location are 8 

a.m. to 7 p.m. All hand deliveries must 

be held together with rubber bands or 

fasteners. Any envelopes must be 

disposed of before entering the building. 

Commercial and electronic media sent 

by overnight mail (other than U.S. 

Postal Service Express Mail and Priority 

Mail) must be sent to 9300 East 

Hampton Drive, Capital Heights, MD 

20743. U.S. Postal Service first-class 

mail, Express Mail, and Priority Mail 

should be addressed to 445 12th Street, 

SW., Washington, DC 20554. All filings 

must be addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., 

Room TW–B204, Washington, DC 

20554. 

This proceeding shall be treated as a 

‘‘permit but disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules, 47 CFR 1.1200. Persons 

making oral ex parte presentations are 

reminded that memoranda summarizing 

the presentations must contain 

summaries of the substances of the 

presentations and not merely a listing of 

the subjects discussed. More than a one 

or two sentence description of the views 

and arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclosed proceedings are set forth in 

§ 1.1206(b) of the Commission’s rules, 

47 CFR 1.1206(b). 

The full text of this document and 

copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554, 

(202) 418–0270. This document may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing (BCPI), Inc., Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact BCPI, Inc. at their Web site: 

http://www.bcpiweb.com or by calling 

1–800–378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format) send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice) or (202) 418–0432 

(TTY). The Public Notice can also be 

downloaded in Word or Portable 

Document Format (PDF) at http://

www.fcc.gov/cgb.

Synopsis 

On September 13, 2004, FreeEats.com, 

Inc., dba ccAdvertising (Petitioner or 

ccAdvertising) filed a petition for 

expedited declaratory ruling, asking the 

Commission to preempt certain 

provisions of North Dakota state law. 

Petitioner explains that it is a Virginiabased company that uses prerecorded 

messages to conduct political polling, 

most of which involves interstate calls. 

According to Petitioner, the North 

Dakota attorney general’s office has 

notified ccAdvertising that its use of 

autodialed, prerecorded message 

technology is regulated by the state’s 

telemarketing statutes, and that the state 

intends to enforce against ccAdvertising 

section 51–28–02 of the North Dakota 

Century Code, which prohibits the use 

of prerecorded messages without 

authorization from the called party. 

Petitioner contends that North Dakota’s 

law is inconsistent with the Telephone 

Consumer Protection Act (TCPA) and 

with the Commission’s telemarketing 

rules, both of which permit political 

polling calls using prerecorded 

messages. Therefore, Advertising 

requests that the Commission preempt 

North Dakota’s more restrictive 

regulation of interstate political polling 

calls.

Federal Communications Commission. 

Jay Keithley, 

Deputy Chief, Consumer & Governmental 

Affairs Bureau.

[FR Doc. 04–23293 Filed 10–15–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

[CG Docket No. 02–278; DA 04–3186] 

Consumer & Governmental Affairs 

Bureau Seeks Comment on Express 

Consolidation, Inc. Petition for 

Declaratory Ruling on Preemption of 

Florida Telemarketing Rules

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: This document seeks 

comment on a petition for declaratory 

ruling filed by Express Consolidation, 

Inc., asking the Commission to preempt 

a Florida telemarketing law, Florida 

Statute, section 501.059 which restricts 

the making of certain telephonic sales 

calls to Florida citizens.

DATES: Comments are due November 17, 

2004, and reply comments are due 

December 2, 2004.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Kelli Farmer, Consumer Policy Division, 

Consumer & Governmental Affairs 

Bureau, (202) 418–2512.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice, CG Docket No. 02–278, DA 04–

3186, released October 4, 2004. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments in this proceeding on or 

before November 17, 2004, and reply 

comments may be filed on or before 

December 2, 2004. When filing 

comments, please reference CG Docket 

No. 02–278. Comments may be filed 

using the Commission’s Electronic 

Comment Filing System (ECFS) or by 

filing paper copies. See Electronic Filing 

of Documents in Rulemaking 

Proceedings, 63 FR 24121, May 1,1998. 

Comments filed through the ECFS can 

be sent as an electronic file via the 

Internet to http://www.fcc.gov/e-file/

ecfs.html. Generally, only one copy of 

an electronic submission must be filed. 

In completing the transmittal screen, 

commenters should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing instructions 

for e-mail comments, commenters 

should send e-mail to ecfs@fcc.gov, and 

should include the following words in 

the body of the message, ‘‘get form 

<your e-mail address>.’’ A sample form 

and directions will be sent in reply. 

Parties who choose to file by paper 

must send an original and four (4) 

copies of each filing. Filings can be sent 

by hand or messenger delivery, by 

electronic media, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). The Commission’s contractor, 

Natek, Inc., will receive hand-delivered 

or messenger-delivered paper filings or 

electronic media for the Commission’s 

Secretary at 236 Massachusetts Avenue, 

61382 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

NE., Suite 110, Washington, DC 20002. 

The filing hours at this location are 8 

a.m. to 7 p.m. All hand deliveries must 

be held together with rubber bands or 

fasteners. Any envelopes must be 

disposed of before entering the building. 

Commercial and electronic media sent 

by overnight mail (other than U.S. 

Postal Service Express Mail and Priority 

Mail) must be sent to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. U.S. Postal Service first-class 

mail, Express Mail, and Priority Mail 

should be addressed to 445 12th Street, 

SW., Washington, DC 20554. All filings 

must be addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., 

Room TW-B204, Washington, DC 20554. 

This proceeding shall be treated as a 

‘‘permit but disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules, 47 CFR 1.1200. Persons 

making oral ex parte presentations are 

reminded that memoranda summarizing 

the presentations must contain 

summaries of the substances of the 

presentations and not merely a listing of 

the subjects discussed. More than a one 

or two sentence description of the views 

and arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclosed proceedings are set forth in 

§ 1.1206(b) of the Commission’s rules, 

47 CFR 1.1206(b). 

The full text of this document and 

copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY-A257, Washington, DC 20554, 

(202) 418–0270. This document may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing (BCPI), Inc., Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact BCPI, Inc. at their Web site: 

www.bcpiweb.com or by calling 1–800–

378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format) send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice) or (202) 418–0432 

(TTY). The Public Notice can also be 

downloaded in Word or Portable 

Document Format (PDF) at http://

www.fcc.gov/cgb. 

Synopsis 

On July 28, 2004, Express 

Consolidation, Inc. (Express or 

Petitioner) filed a petition for 

declaratory ruling asking the 

Commission to preempt a Florida 

telemarketing law, Florida Statute, 

section 501.059 (Florida Statute). 

According to Petitioner, Express has 

been charged in a complaint by the 

Florida Department of Agriculture and 

Consumer Services with violating the 

Florida Statute, which restricts the 

making of telephonic sales calls to 

Florida citizens whose names appear on 

the state’s quarterly ‘‘no sales 

solicitation calls listing.’’ The Florida 

law also restricts the use of automatic 

dialing systems and artificial or 

prerecorded messages to make sales 

calls. Express contends that the Florida 

Statute is inconsistent with the 

Telephone Consumer Protection Act 

(TCPA) by placing more onerous 

restrictions on the making of interstate 

telephone calls by a tax-exempt 

nonprofit organization. Express 

indicates that, unlike the Florida 

Statute, the TCPA exempts calls made 

by tax-exempt nonprofit organizations 

from the restrictions on ‘‘telephone 

solicitations.’’ Express further explains 

that the calls that are the basis of the 

state’s enforcement action are made on 

behalf of Express, a nonprofit 

corporation with offices in Florida, by a 

California company. Express maintains 

that the TCPA authorizes a state to 

implement more restrictive regulations 

only with respect to intrastate calls; 

therefore, the state law should be 

preempted.

Federal Communications Commission. 

Jay Keithley, 

Deputy Chief, Consumer & Governmental 

Affairs Bureau.

[FR Doc. 04–23295 Filed 10–15–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

Performance Review Board 

As required by the Civil Service 

Reform Act of 1978 (Pub. L. 95–454), 

Chairman Michael K. Powell appointed 

the following executives to the 

Performance Review Board: Julius 

Knapp, Renee Licht, Mary Beth 

Richards, and David Solomon.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–23291 Filed 10–15–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act; Notice of Agency 

Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that, 

at 10:30 a.m. on Tuesday, October 12, 

2004, the Board of Directors of the 

Federal Deposit Insurance Corporation 

met in closed session to consider 

matters relating to the Corporation’s 

corporate and liquidation activities. 

In calling the meeting, the Board 

determined, on motion of Vice 

Chairman John M. Reich, seconded by 

Director Thomas J. Curry, concurred in 

by Director James E. Gilleran (Office of 

Thrift Supervision), Director John D. 

Hawke, Jr. (Comptroller of the 

Currency), and Chairman Donald E. 

Powell, that Corporation business 

required its consideration of the matters 

on less than seven days’ notice to the 

public; that no notice of the meeting 

earlier than October 7, 2004, was 

practicable; that the public interest did 

not require consideration of the matters 

in a meeting open to public observation; 

and that the matters could be 

considered in a closed meeting by 

authority of subsections (c)(2), (c)(4), 

(c)(6), (c)(9)(B) and (c)(10) of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(9)(B), 

and (c)(10). 

The meeting was held in the Board 

Room of the FDIC Building located at 

550–17th Street, NW., Washington, DC.

Dated: October 12, 2004.

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary.

[FR Doc. E4–2689 Filed 10–15–04; 8:45 am] 

BILLING CODE 6714–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request

AGENCY: Agency for Healthcare Research 

and Quality, HHS.

ACTION: Notice.

SUMMARY: This notice announces the 

intention of the Agency for Healthcare 

Research and Quality (AHRQ) to request 

that the Office of Management and 

Budget (OMB) allow the proposed 

information collection project: