61380 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

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, 

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 August 24, 2004, the ATA filed a 

petition for declaratory ruling, asking 

the Commission to preempt certain 

provisions of the New Jersey Consumer 

Fraud Act and New Jersey 

Administrative Code (New Jersey Rules) 

relating to telemarketing. ATA contends 

that the New Jersey Rules are more 

restrictive than the rules established by 

the Commission under the Telephone 

Consumer Protection Act (TCPA). More 

specifically, ATA argues that the New 

Jersey Rules are inconsistent with the 

Commission’s ‘‘established business 

relationship’’ exemption, fail to provide 

a personal relationship exemption, and 

impose stricter identification 

requirements on telemarketers. 

Furthermore, ATA indicates that the 

New Jersey Rules are not limited to 

intrastate telemarketing, but apply to all 

telemarketing calls to New Jersey 

consumers regardless of where the calls 

originate. ATA therefore requests that 

the Commission preempt those 

provisions of the New Jersey Rules 

which are more restrictive than the 

Commission’s rules as they relate to 

interstate telemarketing.

Federal Communications Commission. 

Jay Keithley, 

Deputy Chief, Consumer & Governmental 

Affairs Bureau.

[FR Doc. 04–23294 Filed 10–15–04; 8:45 am] 

BILLING CODE 6712–01–P

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.

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 §§ 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 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. 

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,