U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

110–244 

Calendar No. 537 

DO-NOT-CALL REGISTRY FEE COLLECTION 

EXTENSION 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 781 

DECEMBER 12, 2007.—Ordered to be printed 


hmoore on PRODPC68 with HMRPTE:\Seals\Congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


hmoore on PRODPC68 with HMRPT
69–010 

Calendar No. 537 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–244 

DO-NOT-CALL REGISTRY FEE COLLECTION EXTENSION 

DECEMBER 12, 2007.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 781] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 781) to extend the authority of the 

Federal Trade Commission to collect Do-Not-Call Registry fees to 

fiscal years after fiscal year 2007, having considered the same, reports favorably thereon with an amendment (in the nature of a 

substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

S. 781, as amended, would provide the Federal Trade Commission (FTC) the authority to continue collecting fees to continue administering the Do-Not-Call (DNC) Registry after fiscal year (FY) 

2007. The Do-Not-Call Implementation Act (DNC Act) specified 

that the FTC may only collect fees through 2007. S. 781 would extend the authority of the FTC to collect DNC Registry fees beyond 

2007. 

BACKGROUND AND NEEDS

On March 11, 2003, President George W. Bush signed the DNC 

Act into law. The DNC Act makes it illegal for telemarketers to call 

consumers with whom they did not have a prior business relationship. It also limits the times of day when telemarketers can call, 

the use of auto-dialing technology, and the area codes accessible to 

telemarketers. The enforcement provisions of the DNC Act include 

severe fines for calling numbers on the DNC Registry, and the Act 

requires telemarketers to keep their own in-house call lists up-todate with the DNC Registry. 


hmoore on PRODPC68 with HMRPT
2 

The FTC opened the DNC Registry on June 27, 2003, and telemarketers were required to comply by October 1, 2003. Nearly 

5,000 telemarketers purchased all or parts of the list and removed 

the phone numbers on the DNC Registry. 

A telemarketer who ignores the DNC list is subject to an $11,000 

fine for each call to a phone number on the DNC Registry. The fine 

is levied by the FTC; no private right of action is available to individual consumers or State attorneys general. The law requires telemarketers to search the registry and synchronize their call lists on 

a regular basis. The registry has logged more than 144 million telephone numbers since its inception. 

The DNC Act also directed the FTC to use fees collected pursuant to the DNC Act as an offset to FTC appropriations for the FY 

2003 through FY 2007. Each year, Congress directs the FTC to 

raise a certain amount of money from the DNC fees. The FTC’s FY 

2008 budget proposal assumes an offset of $19 million from DNC 

fees. Based on the Congressional offset direction, the FTC adjusts 

its fees. Over the past several years, the fee to telemarketers to access the DNC list has risen substantially from $7,375 for the entire 

registry in 2003 to $17,050 in 2006. In addition, the FTC does not 

charge for registry information on five or fewer area codes. In FY 

2006, 58,816 entities accessed five or fewer area codes for free. In 

FY 2006, to gain access to the DNC Registry, 6,824 entities paid 

a combined total of approximately $22 million in fees. 

In its Annual Report to Congress for FY 2006, the FTC stated 

that the DNC Registry was effectively serving its fundamental purpose by maintaining high registration volumes and reducing unwanted phone calls from telemarketers. The Commission also concluded that the registry was successfully recording consumer complaints and consumer preferences to avoid telemarketing phone 

calls, permitting businesses to access the registry, and sharing information and tools with state and federal law enforcement personnel so that they could conduct investigations into complaints 

and take appropriate action. In short, the FTC affirmed in its report to Congress that the DNC Registry constitutes an effective 

consumer protection program. 

The Report underscored other issues reflecting the program’s efficacy. Concerning agency harmonization, in 2006, the FTC coordinated closely with the Federal Communications Commission (FCC) 

to share enforcement priorities and avoid duplicative action. Regarding consolidation and efficiency, the FTC worked with States 

to advance its objective of forming a single registry to provide businesses and consumers with a single point of contact. Finally, concerning enforcement, while compliance with the DNC Registry was 

high, the FTC continued to prosecute violators of the DNC Act and 

worked closely with the Department of Justice, the FCC, and the 

individual States. With the fee collection authority ending in FY 

2007, S. 781 is needed to authorize and stabilize the fee structure 

of the Registry. 

SUMMARY OF PROVISIONS

S. 781 would mandate the FTC to assess and collect an annual 

fee to implement and enforce the DNC Registry as currently provided for by rule and by any other regulation issued by the ComVerDate Aug 31 2005 07:06 Dec 14, 2007 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR244.XXX SR244

hmoore on PRODPC68 with HMRPT
3 

mission under section 3 of the Telemarketing and Consumer Fraud 

and Abuse Prevention Act (15 U.S.C. 6102). 

Under the bill, the FTC would access annual fees that are equal 

to or less than $54 for each area code of data accessed or $14,850 

to access every area code of data in the registry. According to the 

FTC, these levels would generate approximately $19 million in 

fees. No telemarketing firm would be permitted to enter into or 

participate in an arrangement to share any fee with another firm 

or a client. 

Fees would be adjusted for inflation by the Consumer Price Index 

(CPI). The fees would be increased as needed by multiplying the 

fees set in the Act by the percentage (if any) by which the CPI for 

the most recently ended 12-month period ending June 30 exceeds 

the baseline CPI. The term ‘‘baseline CPI’’ would be defined as the 

CPI for the 12-month period ending June 30, 2008. The FTC would 

be required to publish the adjustments in the Federal Register. The 

FTC could not charge a fee to any person for accessing the first 5 

area codes of data or for persons permitted but not required to access the registry. However, the FTC could charge an additional fee 

for accessing additional data during an annual period. If a person 

wishes to access additional data during an annual period for which 

a fee has already been paid for prior data access, an additional fee 

would be required to be assessed. If the additional data is assessed 

during the first 6 months of an annual period, the fee would be $54 

for each area code of data. If the additional data is accessed after 

the first 6 months of the annual period, the fee would be $27 for 

each area code of data. 

S. 781 would change the annual reports required by the DNC Act 

from annual to biennial reports, and would provide the FTC the 

ability to issue rules as necessary to carry out the amendments to 

the DNC Act as required by S. 781. 

LEGISLATIVE HISTORY

On March 6, 2007, Senator Pryor introduced S. 781, which was 

referred to the Committee on Commerce, Science, and Transportation (Committee). Vice Chairman Stevens and Senator Rockefeller cosponsored the measure. On April 10, 2007, all five FTC 

Commissioners testified before the Committee on several issues as 

part of general oversight of the Commission, and included testimony on the DNC Registry and the need for renewed fee authorization. On July 31, 2007, the Committee held a hearing on telemarketing practices and received testimony on S. 781. 

On August 2, 2007, the Committee met in open executive session 

to consider an amendment in the nature of a substitute offered by 

Senator Pryor and Chairman Inouye that made several substantive 

changes to the bill as introduced. The Committee adopted the 

Pryor-Inouye substitute amendment to the bill by voice vote and 

ordered the bill reported favorably with the amendment in the nature of a substitute. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 


hmoore on PRODPC68 with HMRPT
4 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

SEPTEMBER 27, 2007. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 781, the Do-Not-Call Registry Fee Extension Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S.781—Do-Not-Call Registry Fee Extension Act of 2007 

Summary: S. 781 would authorize the Federal Trade Commission 

(FTC) to continue to collect and spend fees to operate and enforce 

the ‘‘do-not-call’’ registry. The registry contains a list of consumers 

who telemarketing firms are prohibited from calling because the 

consumers have notified the FTC that they do not wish to receive 

such calls. The bill also would require the FTC to prepare two reports about the use and effectiveness of the registry. 

Based on information from the FTC, CBO estimates that the 

FTC would collect a total of $107 million under the bill over the 

2008–2012 period and spend $105 million over that period, assuming appropriation actions consistent with the bill. Over the fiveyear period, CBO estimates that implementing S. 781 would decrease net spending subject to appropriation by $2 million. Enacting S. 781 would not affect direct spending or revenues. 

S. 781 contains no intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) and would not affect the 

budgets of state, local, or tribal governments. 

S. 781 would impose a private-sector mandate, as defined in 

UMRA, by making permanent the authority of the FTC to collect 

fees from telemarketing firms. CBO expects that the costs of that 

mandate would fall below the annual threshold established in 

UMRA for private-sector mandates ($131 million, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 781 is shown in the following table. The costs 

of this legislation fall within budget function 370 (commerce and 

housing credit). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Gross FTC Spending for the Do-Not-Call Registry: 

Estimated Authorization Level ............................................................. 21 21 21 22 22 

Estimated Outlays ................................................................................ 19 21 21 22 22 

Offsetting Collections from Telemarketers: 

Estimated Authorization Level ............................................................. ¥21 ¥21 ¥21 ¥22 ¥22 

Estimated Outlays ................................................................................ ¥21 ¥21 ¥21 ¥22 ¥22 

Net Changes to FTC Spending for the Do-Not-Call Registry: 0 0 0 0 0 

Estimated Authorization Level ............................................................. 0 0 0 0 0 


hmoore on PRODPC68 with HMRPT
5 

By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 

Estimated Outlays ................................................................................ ¥2 0 0 0 0 

Basis of estimate: S. 781 would authorize the FTC to collect fees 

sufficient to operate and enforce the ‘‘do-not-call’’ registry, contingent on approval of the fees in annual appropriation acts. For this 

estimate, CBO assumes that S. 781 and the necessary appropriation provisions will be enacted early in fiscal year 2008. In 2006, 

the FTC incurred costs of about $19 million and collected fees of 

approximately $22 million to operate and enforce the ‘‘do-not-call’’

registry; CBO expects that collections and spending in 2007 will be 

similar. 

The bill would set fees for firms that wish to subscribe to the registry at rates lower than the FTC is currently charging. Based on 

information from the commission, CBO expects that the lower fees 

authorized by the bill would still be sufficient to cover the costs of 

operating the registry. CBO estimates that the FTC would collect 

$107 million over the 2008–2012 period and spend $105 million, assuming the necessary appropriation actions. Over the five-year period, CBO estimates that implementing S. 781 would result in a reduction of $2 million in net spending subject to appropriation. 

CBO estimates that the cost of preparing two reports for the 

Congress regarding the effectiveness of the registry would be less 

than $500,000, subject to the availability of appropriated funds. 

Estimated impact on state, local, and tribal governments: S. 781 

contains no intergovernmental mandates as defined in UMRA and 

would not affect the budgets of state, local, or tribal governments. 

Estimated impact on the private sector: S. 781 would amend the 

Do-Not-Call Implementation Act (Public Law 108–10) to make permanent the authority of the FTC to collect fees in order to implement and enforce the ‘‘Do-Not-Call’’ registry. The authority to collect those fees is set to expire at the end of fiscal year 2007. Under 

current law, telemarketing firms are required to periodically update their phone number databases to reflect the updated list of 

numbers that are added to the ‘‘Do-Not-Call’’ list. The bill would 

permanently extend the authority of the FTC to collect fees from 

those firms for using this list. The duty on telemarketing firms to 

pay those fees would constitute a new mandate. CBO estimates 

that extending the fees would amount to approximately $107 million over the next five years. Consequently, the costs of the mandate would fall below the annual threshold established by UMRA 

for private-sector mandates ($131 million, adjusted annually for inflation). 

Estimate prepared by: Federal costs: Susan Willie; impact on 

state, local, and tribal governments: Elizabeth Cove; Impact on the 

private sector: Jacob Kuipers. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 


hmoore on PRODPC68 with HMRPT
6 

NUMBER OF PERSONS COVERED

The authority to collect fees for the DNC Registry would guarantee the availability of the DNC Registry for every person with a 

telephone number that could be contacted by telemarketer not covered by the exceptions within the Telemarketing Sales Rule. Telemarketers would have to continue purchasing and scrubbing consumer telephone numbers that are on the DNC Registry. 

ECONOMIC IMPACT

S. 781 would stabilize the annual fees charged to the telemarketing industry and adjust the fee increases for inflation. The 

Committee would expect the legislation to provide cost certainty for 

the telemarketing industry, thereby providing a net economic benefit over the current fee system. 

PRIVACY

S. 781 would increase the privacy of consumers by assuring the 

continuation of the DNC Registry. 

PAPERWORK

It is expected that the legislation would not increase the paperwork requirements beyond what is currently required to comply 

with the DNC Registry. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

The Act may be cited as the ‘‘Do Not Call Registry Fee Extension 

Act of 2007.’’

Section 2. Fees for access to registry 

The section would amend section 2 of the DNC Act. The FTC 

would be mandated to assess and collect an annual fee to implement and enforce the DNC Registry as currently provided for by 

rule and by any other regulation issued by the FTC under section 

3 of the Telemarketing and Consumer Fraud and Abuse Prevention 

Act (15 U.S.C. 6102). 

Annual Fees. The FTC would set annual fees that are equal to 

$54 for each area code of data accessed, or $14,850 to access every 

area code of data in the DNC Registry. The FTC would not be able 

to charge a fee to any person for accessing the first 5 area codes 

of data or for persons permitted to but not required to access the 

registry. 

Duration of Access. Each person who pays the annual fee for access to the registry would be allowed access to the area codes paid 

for by that fee for the annual period. As defined by this section, the 

term ‘‘annual period’’ would mean the 12-month period beginning 

on the first day of the month in which a person pays a fee for access to the registry. 

Additional Fees. If a person wishes to access additional data during an annual period for which a fee has already been paid for 

prior data access, the FTC would assess an additional fee. If the 

additional data is assessed during the first 6 months of an annual 

period, the fee would be $54 for each area code of data. If the addiVerDate Aug 31 2005 07:06 Dec 14, 2007 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR244.XXX SR244

hmoore on PRODPC68 with HMRPT
7 

tional data is accessed after the first 6 months of the annual period, the fee would be $27 for each area code of data. 

Adjustment of Fees. Fees would be adjusted for inflation based on 

the CPI. The fees would be increased as needed by multiplying the 

fees set in the Act by the percentage (if any) by which the CPI for 

the most recently ended 12-month period ending June 30 exceeds 

the baseline CPI. The FTC would publish the adjustments in the 

Federal Register. The FTC would not adjust the fees if the change 

in CPI were less than 1 percent. As defined by this section, the 

term ‘‘baseline CPI’’ would mean the CPI for the 12-month period 

ending June 30, 2008. 

Prohibition Against Fee Sharing. No telemarketing firm would be 

permitted to enter into or participate in an arrangement to share 

any fee with another firm or a client. 

Handling of Fees. The FTC would be mandated to deposit and 

credit as offsetting collections any fee collected under this section 

in the Federal Trade Commission Salaries and Expenses account 

and appropriated funds would remain available until expended. No 

amount would be collected as a fee under this section for any fiscal 

year except to the extent provided in advance by appropriations 

Acts. 

Section 3. Reports 

Starting in 2009, the FTC would issue reports to the Congress 

on the DNC Registry on a biennial basis. 

Section 4. Rulemaking 

The FTC would be authorized to issue rules as necessary to carry 

out the amendments to the DNC Act made by S. 781. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

DO-NOT-CALL IMPLEMENTATION ACT 

SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES. 

[15 U.S.C. 6101] 

øThe Federal Trade Commission may promulgate regulations establishing fees sufficient to implement and enforce the provisions 

relating to the ‘‘do-not-call’’ registry of the Telemarketing Sales 

Rule (16 CFR 310.4(b)(1)(iii)), promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 

U.S.C. 6101 et seq.). Such regulations shall be promulgated in accordance with section 553 of title 5, United States Code. Fees may 

be collected pursuant to this section for fiscal years 2003 through 

2007, and shall be deposited and credited as offsetting collections 

to the account, Federal Trade Commission—Salaries and Expenses, 

and shall remain available until expended. No amounts shall be 

collected as fees pursuant to this section for such fiscal years except to the extent provided in advance in appropriations Acts. Such 

amounts shall be available for expenditure only to offset the costs 


hmoore on PRODPC68 with HMRPT
8 

of activities and services related to the implementation and enforcement of the Telemarketing Sales Rule, and other activities resulting from such implementation and enforcement.¿ 

(a) IN GENERAL.—The Federal Trade Commission shall assess 

and collect an annual fee pursuant to this section in order to implement and enforce the ‘‘do-not-call’’ registry as provided for in section 

310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other 

regulation issued by the Commission under section 3 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 

U.S.C. 6102). 

(b) ANNUAL FEES.— (1) IN GENERAL.—The Commission shall charge each person 

who accesses the ‘‘do-not-call’’ registry an annual fee that is 

equal to the lesser of—

(A) $54 for each area code of data accessed from the registry; or 

(B) $14,850 for access to every area code of data contained in the registry. 

(2) EXCEPTION.—The Commission shall not charge a fee to 

any person—

(A) for accessing the first 5 area codes of data; or 

(B) for accessing area codes of data in the registry if the 

person is permitted to access, but is not required to access, 

the ‘‘do-not-call’’ registry under section 310 of title 16, Code 

of Federal Regulations, section 64.1200 of title 47, Code of 

Federal Regulations, or any other Federal regulation or 

law. 

(3) DURATION OF ACCESS.— (A) IN GENERAL.—The Commission shall allow each person who pays the annual fee described in paragraph (1), 

each person excepted under paragraph (2) from paying the 

annual fee, and each person excepted from paying an annual fee under section 310.4(b)(1)(iii)(B) of title 16, Code of 

Federal Regulations, to access the area codes of data in the 

‘‘do-not-call’’ registry for which the person has paid during 

that person’s annual period. 

(B) ANNUAL PERIOD.—In this paragraph, the term ‘annual period’ means the 12-month period beginning on the 

first day of the month in which a person pays the fee described in paragraph (1). 

(c) ADDITIONAL FEES.—

(1) IN GENERAL.—The Commission shall charge a person required to pay an annual fee under subsection (b) an additional 

fee for each additional area code of data the person wishes to 

access during that person’s annual period. 

(2) RATES.—For each additional area code of data to be 

accessed during the person’s annual period, the Commission 

shall charge—

(A) $54 for access to such data if access to the area code 

of data is first requested during the first 6 months of the 

person’s annual period; or (B) $27 for access to such data if access to the area code 

of data is first requested after the first 6 months of the person’s annual period. 

(d) ADJUSTMENT OF FEES.—


hmoore on PRODPC68 with HMRPT
9 

(1) IN GENERAL.—

(A) FISCAL YEAR 2009.—The dollar amount described in 

subsection (b) or (c) is the amount to be charged for fiscal 

year 2009. 

(B) FISCAL YEARS AFTER 2009.—For each fiscal year beginning after fiscal year 2009, each dollar amount in subsection (b)(1) and (c)(2) shall be increased by an amount 

equal to—

(i) the dollar amount in paragraph (b)(1) or (c)(2), 

whichever is applicable, multiplied by 

(ii) the percentage (if any) by which the CPI for the 

most recently ended 12-month period ending on June 

30 exceeds the baseline CPI. 

(2) ROUNDING.—Any increase under subparagraph (B) shall 

be rounded to the nearest dollar. 

(3) CHANGES LESS THAN 1 PERCENT.—The Commission shall 

not adjust the fees under this section if the change in the CPI 

is less than 1 percent. 

(4) PUBLICATION.—Not later than September 1 of each year 

the Commission shall publish in the Federal Register the adjustments to the applicable fees, if any, made under this subsection. 

(5) DEFINITIONS.—In this subsection: 

(A) CPI.—The term ‘‘CPI’’ means the average of the 

monthly consumer price index (for all urban consumers 

published by the Department of Labor). 

(B) BASELINE CPI.—The term ‘‘baseline CPI’’ means the 

CPI for the 12-month period ending June 30, 2008. 

(e) PROHIBITION AGAINST FEE SHARING.—No person may enter 

into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission’s regulations (16 C.F.R. 310.8(c))) to 

share any fee required by subsection (b) or (c), including any arrangement to divide the costs to access the registry among various 

clients of a telemarketer or service provider. 

(f) HANDLING OF FEES.—

(1) IN GENERAL.—The commission shall deposit and credit as 

offsetting collections any fee collected under this section in the 

account ‘‘Federal Trade Commission—Salaries and Expenses’’, 

and such sums shall remain available until expended. 

(2) LIMITATION.—No amount shall be collected as a fee under 

this section for any fiscal year except to the extent provided in 

advance by appropriations Acts. 

* * * * * * * 

SEC. 4. REPORTING REQUIREMENTS. 

[15 U.S.C. 6101 note] 

ø(a) REPORT ON REGULATORY COORDINATION.—Within 45 days 

after the promulgation of a final rule by the Federal Communications Commission as required by section 3, the Federal Trade Commission and the Federal Communications Commission shall each 

transmit to the Committee on Energy and Commerce of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report which shall include—


hmoore on PRODPC68 with HMRPT
10 

ø(1) an analysis of the telemarketing rules promulgated by 

both the Federal Trade Commission and the Federal Communications Commission; 

ø(2) any inconsistencies between the rules promulgated by 

each such Commission and the effect of any such inconsistencies on consumers, and persons paying for access to the registry; and 

ø(3) proposals to remedy any such inconsistencies. 

ø(b) ANNUAL REPORT.—For each of fiscal years 2003 through 

2007, the Federal Trade Commission and the Federal Communications Commission shall each transmit an annual report to the Committee on Energy and Commerce of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a report which shall include—

ø(1) an analysis of the effectiveness of the ‘‘do-not-call’’ registry as a national registry; 

ø(2) the number of consumers who have placed their telephone numbers on the registry; 

ø(3) the number of persons paying fees for access to the registry and the amount of such fees; 

ø(4) an analysis of the progress of coordinating the operation 

and enforcement of the ‘‘do-not-call’’ registry with similar registries established and maintained by the various States; 

ø(5) an analysis of the progress of coordinating the operation 

and enforcement of the ‘‘do-not-call’’ registry with the enforcement activities of the Federal Communications Commission 

pursuant to the Telephone Consumer Protection Act (47 U.S.C. 

227 et seq.); and 

ø(6) a review of the enforcement proceedings under the Telemarketing Sales Rule (16 CFR 310), in the case of the Federal 

Trade Commission, and under the Telephone Consumer Protection Act (47 U.S.C. 227 et seq.), in the case of the Federal Communications Commission.¿ 

(a) BIENNIAL REPORTS.—Not later than December 31, 2009, and 

biennially thereafter, the Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit 

a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy 

and Commerce that includes—

(1) the number of consumers who have placed their telephone 

numbers on the registry; 

(2) the number of persons paying fees for access to the registry 

and the amount of such fees; 

(3) the impact on the ‘‘do-not-call’’ registry of—

(A) the 5-year reregistration requirement; 

(B) new telecommunications technology; and 

(C) number portability and abandoned telephone numbers; and 

(4) the impact of the established business relationship exception on businesses and consumers. 

(b) ADDITIONAL REPORT.—Not later than December 31, 2009, the 

Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit a report to the Senate 

Committee on Commerce, Science, and Transportation and the 


hmoore on PRODPC68 with HMRPT
11 

House of Representatives Committee on Energy and Commerce that 

includes—

(1) the effectiveness of do-not-call outreach and enforcement 

efforts with regard to senior citizens and immigrant communities; 

(2) the impact of the exceptions to the do-not-call registry on 

businesses and consumers, including an analysis of the effectiveness of the registry and consumer perceptions of the registry’s effectiveness; and 

(3) the impact of abandoned calls made by predictive dialing 

devices on do-not-call enforcment. 

Æ 


hmoore on PRODPC68 with HMRPT