Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Proposed Rules 61

requirements and the need for 

preemption on a case-by-case basis. 

Accordingly, any party that believes a 

state law is inconsistent with section 

227 or our rules may seek a Declaratory 

Ruling from the Commission. 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, 

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 

section 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 email to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). This document 

can also be downloaded in Word or 

Portable Document Format (PDF) at 

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

Synopsis 

On November 19, 2004, Consumer 

Bankers Association (CBA) filed a 

Petition for Declaratory Ruling asking 

the Commission to preempt certain 

sections of the Indiana Revised Statutes 

and Indiana Administrative Code as it 

relates to interstate telephone calls. 

Specifically, CBA requests that the 

Commission preempt the Indiana laws 

to the extent they prohibit telemarketing 

calls to persons and entities with which 

the caller has an established business 

relationship as defined in the 

Commission’s rules. CBA indicates that 

the Indiana laws provide that a 

telephone solicitor may not make a 

telephone sales call to a telephone 

number if that number appears on the 

state’s do-not-call list. According to 

CBA, Indiana’s prohibition on calls to 

numbers on the Indiana do-not-call list 

is subject to exceptions that partially 

overlap with, but are substantially 

narrower than the ‘‘established business 

relationship’’ (‘‘EBR’’) of the 

Commission’s telemarketing rules. CBA 

contends that, unlike the Commission’s 

EBR definition, the Indiana exceptions: 

(1) Do not include relationships based 

upon a consumer’s past inquiry or 

application, during the three months 

preceding the call, regarding the party’s 

products or services; (2) do not include 

calls to persons with whom the caller 

has engaged, within 18 months prior to 

the call, in a purchase or transaction as 

to which payment has been made or 

performance completed; and (3) do not 

expressly permit an EBR to extend to 

any affiliated entities that the consumer 

reasonably would expect to be included 

within that category.

Federal Communications Commission. 

Jay Keithley, 

Deputy Bureau Chief, Consumer & 

Governmental Affairs Bureau.

[FR Doc. 04–28417 Filed 12–30–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64

[CG Docket No. 02–278; DA 04–3836] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991

AGENCY: Federal Communications 

Commission.

ACTION: Petition for declaratory ruling; 

comments requested. 

SUMMARY: This document seeks 

comment on a Petition for Declaratory 

Ruling filed by the Consumer Bankers 

Association asking the Commission to 

preempt certain sections of the 

Wisconsin Statutes and Wisconsin 

Administrative Code as applied to 

interstate telephone calls.

DATES: Comments are due on or before 

February 2, 2005, and reply comments 

are due on or before February 17, 2005.

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. See 

supplementary information for further 

filing instructions.

FOR FURTHER INFORMATION CONTACT:

Kelli Farmer, Consumer Policy Division, 

Consumer & Governmental Affairs 

Bureau, (202) 418–2512 (voice), 

Kelli.Farmer@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, CG Docket No. 02–278, DA 

04–3836, released December 7, 2004. On 

July 3, 2003, the Commission released a 

Report and Order (2003 TCPA Order),

68 FR 44144, July 25, 2003. In the 2003 

62 Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Proposed Rules 

TCPA Order, the Commission stated its 

belief that any state regulation of 

interstate telemarketing calls that 

differed from our rules under section 

227 almost certainly would conflict 

with and frustrate the federal scheme 

and would be preempted. The 

Commission will consider any alleged 

conflicts between state and federal 

requirements and the need for 

preemption on a case-by-case basis. 

Accordingly, any party that believes a 

state law is inconsistent with section 

227 or our rules may seek a Declaratory 

Ruling from the Commission. 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, 

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 

section 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 email to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at (202) 418–0530 (voice) or 

(202) 418–0432 (TTY). This document 

can also be downloaded in Word or 

Portable Document Format (PDF) at 

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

Synopsis 

On November 19, 2004, Consumer 

Bankers Association (CBA) filed a 

Petition for Declaratory Ruling asking 

the Commission to preempt certain 

sections of the Wisconsin Statutes and 

Wisconsin Administrative Code as it 

relates to interstate telephone calls. CBA 

contends that the Wisconsin laws are 

significantly more restrictive than the 

Commission’s telemarketing rules. More 

specifically, CBA argues that the 

Wisconsin laws are inconsistent with 

the Commission’s regulations which 

permit telephone solicitation calls to 

persons with whom the caller has an 

‘‘established business relationship’’

(EBR), even where the called party’s 

number has been entered on the 

national do-not-call registry. CBA 

contends that the Wisconsin laws 

prohibit certain categories of calls that 

are within the scope of the 

Commission’s EBR exception, 

including: (1) Calls made to residential 

subscribers who have made an inquiry 

or application regarding products or 

services, but have not expressly asked to 

be called in response to that inquiry or 

application; (2) calls made to residential 

subscribers who have engaged in a 

completed purchase or transaction with 

the caller; (3) calls made to existing 

customers for the purpose of offering 

additional or different products from 

those the seller already is providing to 

the customer; and (4) calls from an 

affiliate of the entity with whom the 

residential customer has an existing 

relationship. CBA explains that ‘‘[t]hese 

inconsistencies between federal law and 

the Wisconsin statute subject CBA’s 

members to ‘multiple, conflicting 

regulations’ in the area of interstate 

telemarketing. * * *’’ Therefore, CBA 

requests a Declaratory Ruling that the 

identified provisions of Wisconsin’s 

telemarketing statute and implementing 

regulations are preempted.

Federal Communications Commission. 

Jay Keithley, 

Deputy Bureau Chief, Consumer & 

Governmental Affairs Bureau.

[FR Doc. 04–28418 Filed 12–30–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64

[CG Docket No. 02–278; DA 04–3837] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991

AGENCY: Federal Communications 

Commission.

ACTION: Petition for declaratory ruling; 

comments requested. 

SUMMARY: This document seeks 

comment on a Petition for Expedited 

Declaratory Ruling filed by the National 

City Mortgage Co. (NCMC), asking the 

Commission to preempt a Florida 

telemarketing law, Florida Statute 

Section 501.059, prohibiting 

prerecorded messages without consent.

DATES: Comments are due on or before 

February 2, 2005, and reply comments 

are due on or before February 17, 2005.