62816 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 

Information Center, shall send a copy of 

this Memorandum Opinion and Order 

on Reconsideration, including the 

Supplemental Final Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration.

List of Subjects 

Subscriber List Information, Record 

Keeping, and Directory Publishers.

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary.

Final Rules

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS

■ 1. The authority citation for part 64 is 

revised to read as follows:

Authority: 47 U.S.C. 154, 254(k); secs. 

403(b)(2)(B),(c), Pub. L. 104–104, 110 Stat. 

56. Interpret or apply 47 U.S.C. 201, 218, 222, 

225, 226, 228, and 254 (k) unless otherwise 

noted.

■ 2. Section 64.2341 is amended by 

revising paragraph (c) and adding 

paragraphs (d) and (e) to read as follows:

§ 64.2341 Record keeping.

* * * * *

(c) Except to the extent specified in 

paragraph (d), a carrier shall make the 

contracts and records described in 

paragraphs (a) and (b) available, upon 

request, to the Commission and to any 

directory publisher that requests those 

contracts and records for the purpose of 

publishing a directory. 

(d) A carrier need not disclose to a 

directory publisher pursuant to 

paragraph (c) portions of requested 

contracts that are wholly unrelated to 

the rates, terms, or conditions under 

which the carrier provides subscriber 

list information to itself, an affiliate, or 

an entity that publishes directories on 

the carrier’s behalf. 

(e) A carrier may subject its disclosure 

of subscriber list information contracts 

or records to a directory publisher 

pursuant to paragraph (c) to a 

confidentiality agreement that limits 

access to and use of the information to 

the purpose of determining the rates, 

terms, and conditions under which the 

carrier provides subscriber list 

information to itself, an affiliate, or an 

entity that publishes directories on the 

carrier’s behalf.

[FR Doc. 04–23094 Filed 10–27–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64

[CG Docket No. 02–278, FCC 04–223] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; delay of effective 

date. 

SUMMARY: In this document, the 

Commission extends through June 30, 

2005, the effective date of the 

Commission’s determination that an 

established business relationship will 

no longer be sufficient to show that an 

individual or business has given express 

permission to receive unsolicited 

facsimile advertisements and the rule 

requiring that the sender of a facsimile 

advertisement first obtain the recipient’s 

express permission in writing.

DATES: The effective date of the rule 

amending 47 CFR part 64, 

§ 64.1200(a)(3)(i) published at 68 FR 

44144, July 25, 2003, is delayed until 

July 1, 2005.

ADDRESSES: Federal Communications 

Commission, 445 12th Street SW., 

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Erica H. McMahon at 202–418–2512, 

Consumer & Governmental Affairs 

Bureau, Federal Communications 

Commission.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order in 

CG Docket No. 02–278, FCC 04–223, 

adopted on September 15, 2004 and 

released on October 1, 2004. The full 

text of this document is available at the 

Commission’s Web site http://

www.fcc.gov on the Electronic Comment 

Filing System and for public inspection 

and copying during regular business 

hours in the FCC Reference Information 

Center, Room CY–A257, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text of the decision may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc. (BCPA), Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact BCPI, Inc., at its Web site:

http://www.bcpiweb.com or call 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 Order can 

also be downloaded in Word and 

Portable Document Format (PDF) at 

http://www.fcc.gov/cgb. 

Synopsis 

On July 3, 2003, the Commission 

revised the unsolicited facsimile 

advertising requirements under the 

Telephone Consumer Protection Act of 

1991 (TCPA). On August 18, 2003, the 

Commission issued an Order on 

Reconsideration (68 FR 50978, August 

25, 2003) that established an effective 

date of January 1, 2005. We now extend, 

through June 30, 2005, the effective date 

of the determination that an established 

business relationship will no longer be 

sufficient to show that an individual or 

business has given express permission 

to receive unsolicited facsimile 

advertisements, as well as the amended 

unsolicited facsimile provisions at 47 

CFR 64.1200(a)(3)(i). Section 

64.1200(a)(3)(i), as amended, requires 

the sender of a facsimile advertisement 

to first obtain from the recipient a 

signed, written statement that includes 

the facsimile number to which any 

advertisements may be sent and clearly 

indicates the recipient’s consent to 

receive such facsimile advertisements 

from the sender. In light of recent action 

by the United States House of 

Representatives to amend the TCPA and 

similar proposed legislation in the 

United States Senate, we believe the 

public interest would best be served by 

delaying the effective date of the written 

consent requirement for six months to 

allow Congress to act. Should Congress 

not act in this regard, a further 

extension will provide the Commission 

requisite time to address the petitions 

for reconsideration filed on these issues. 

For these same reasons, through June 

30, 2005, the 18-month limitation on the 

duration of the established business 

relationship based on purchases and 

transactions and the three-month 

limitation on applications and inquiries 

will not apply to the transmission of 

facsimile advertisements. 

We emphasize that our existing TCPA 

rules prohibiting the transmission of 

unsolicited advertisements to a 

telephone facsimile machine will 

remain in effect during the pendency of 

this extension. Under these rules, those 

transmitting facsimile advertisements 

must have an established business 

relationship or prior express permission 

from the facsimile recipient to comply 

with our rules. 

Ordering Clauses 

Pursuant to sections 1–4, 227, and 

303(r) of the Communications Act of 

1934, as amended, 47 U.S.C. 151–154, 

Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 62817

227, and 303(r), the Order in CG Docket 

No. 02–278 is adopted and that the 

Report and Order, FCC 03–153, is 

modified as set forth herein. 

The Fax Ban Coalition’s Petition for 

Extension of Delay is granted to the 

extent discussed herein. 

The effective date for the 

Commission’s determination that an 

established business relationship will 

no longer be sufficient to show that an 

individual or business has given their 

express permission to receive 

unsolicited facsimile advertisements 

and the requirement that the sender of 

a facsimile advertisement first obtain 

the recipient’s express permission in 

writing, as codified at 47 CFR 

64.1200(a)(3)(i), is July 1, 2005, and that 

the Order is effective October 28, 2004. 

The Commission will not send a copy 

of the Order pursuant to Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A) 

because the adopted rules are rules of 

particular applicability.

List of Subjects in 47 CFR Part 64

Telephone.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–24125 Filed 10–27–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3236, MM Docket No. 01–334, RM–

10343] 

Digital Television Broadcast Service; 

Green Bay, WI

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the 

request of CBS Broadcasting Inc., 

substitutes DTV channel 39c for DTV 

channel 56 at Green Bay, Wisconsin. 

See 66 FR 66867, December 27, 2001. 

DTV channel 39c can be allotted to 

Green Bay, Wisconsin, in compliance 

with the principle community coverage 

requirements of Section 73.625(a) at 

reference coordinates 44–20–01 N. and 

87–58–56 W. with a power of 1000, 

HAAT of 364 meters and with a DTV 

service population of 997 thousand. 

Since the community of Green Bay is 

located within 400 kilometers of the 

U.S.-Canadian border, concurrence from 

the Canadian government was obtained 

for this allotment. With this action, this 

proceeding is terminated.

DATES: Effective December 6, 2004.

FOR FURTHER INFORMATION CONTACT: Pam 

Blumenthal, Media Bureau, (202) 418–

1600.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 01–334, 

adopted October 12, 2004, and released 

October 20, 2004. The full text of this 

document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC. This document may 

also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC, 20554, telephone 301–

816–2820, facsimile 301–816–0169, or 

via-e-mail joshir@erols.com. 

This document does not contain [new 

or modified] information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this [Report & Order etc.] in a report to 

be sent to Congress and the General 

Accounting Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A).

List of Subjects in 47 CFR Part 73

Digital television broadcasting, 

Television.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—[AMENDED]

■ 1. The authority citation for Part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.622 [Amended]

■ 2. Section 73.622(b), the Table of 

Digital Television Allotments under 

Wisconsin, is amended by removing 

DTV channel 56 and adding DTV 

channel 39c at Green Bay.

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau.

[FR Doc. 04–24123 Filed 10–27–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration 

49 CFR Parts 221 and 235

[Docket No. FRA–2004–17529; Notice No. 

2] 

RIN 2130–AB61

Inflation Adjustment of the Maximum 

and Minimum Civil Monetary Penalties 

for Violation of a Railroad Safety Law 

or Regulation; Corrections

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT).

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On May 28, 2004, FRA 

published a final rule, which increased 

the minimum and aggravated maximum 

civil monetary penalties it applies when 

assessing a civil penalty for a violation 

of railroad safety statutes and 

regulations under its authority. In 

preparing that final rule for publication, 

six minor typographical errors were 

made. These amendments correct the 

typographical errors published in the 

final rule.

DATES: The corrections to the final rule 

are effective on October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Melissa L. Porter, Trial Attorney, 

Federal Railroad Administration, 1120 

Vermont Avenue, NW., Mail Stop 10, 

Washington, DC 20003, (202) 493–6034, 

Melissa.Porter@fra.dot.gov.

SUPPLEMENTARY INFORMATION: The errors 

included in the final rule published on 

May 28, 2004 (69 FR 30591) consisted 

of twice listing incorrect appendices to 

be amended (appendix A to part 221 

instead of appendix C; and appendix A 

to part 241 instead of appendix B), 

inserting the incorrect monetary amount 

in one amendment (to part 235), and 

listing the incorrect section to be 

amended in (§ 231.11 instead of 

§ 233.11) another amendment. All of the 

typographical errors were obvious from 

their context. FRA is correcting these 

minor errors so that the final rule clearly 

conforms to FRA’s intent.

List of Subjects in 49 CFR Parts 221 and 

235

Railroad safety, Penalties.

The Final Rule

■ In accordance with the foregoing, 49 

CFR parts 221, 233, 235, and 241, chapter 

II, subtitle B of title 49, Code of Federal 

Regulations are corrected by making the 

following correcting amendments: