[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61380-61381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23293]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 02-278; DA 04-3187]


Consumer & Governmental Affairs Bureau Seeks Comment on 
CCAdvertising Petition for Declaratory Ruling on Preemption of North 
Dakota Telemarketing Rules

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document seeks comment on a petition for expedited 
declaratory ruling filed by FreeEats.com, Inc., dba ccAdvertising, 
asking the Commission to preempt certain provisions of North Dakota 
state law which restricts the use of autodialed, prerecorded message 
technology.

DATES: Comments are due November 8, 2004, and reply comments are due 
November 17, 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 04-3187, released October 4, 2004. 
Pursuant to Sec. Sec.  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 8, 2004, and reply comments may be 
filed on or before November 17, 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 <a href="/cdn-cgi/l/email-protection#dbbeb8bda89bbdb8b8f5bcb4ad"><span class="__cf_email__" data-cfemail="4520262336052326266b222a33">[email protected]</span></a>, 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.

[[Page 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-but-disclosed proceedings are set forth in 
Sec.  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 <a href="/cdn-cgi/l/email-protection#3d5b5e5e080d097d5b5e5e135a524b"><span class="__cf_email__" data-cfemail="076164643237334761646429606871">[email protected]</span></a> 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 Virginia-
based 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


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