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.

Federal Register / Vol. 70, No. 1 / Monday, January 3, 2005 / Proposed Rules 63

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 

04–3837, released December 7, 2004. On 

July 3, 2003, the Commission released a 

Report and Order (2003 TCPA Order), In 

the Matter of Rules and Regulations 

Implementing the Telephone Consumer 

Protection Act of 1991, adopted June 26, 

2003, CG Docket No. 02–278, FCC 03–

153; published at 68 FR 44144, July 25, 

2003. In the 2003 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: 

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 22, 2004, National City 

Mortgage Company (NCMC) filed a 

Petition for Expedited Declaratory 

Ruling asking the Commission to 

preempt Florida law prohibiting 

prerecorded messages without consent. 

According to Petitioner, NCMC has 

received a notice from the Florida 

Department of Agriculture & Consumer 

Services which indicates that a 

prerecorded message call initiated by 

NCMC violated section 501.059(7)(a) of 

the Florida statute. NCMC explains that 

the Florida statute prohibits such 

prerecorded calls and makes no 

exception to this restriction for calls that 

are placed to persons with whom the 

caller has an established business 

relationship. In addition, NCMC 

explains that its calls into Florida are 

interstate calls. NCMC contends that the 

Florida statute is inconsistent with the 

Commission’s rules that permit calls 

using prerecorded voice messages to any 

person with whom the caller has an 

established business relationship at the 

time the call is made; therefore, NCMC 

argues that the Florida statute should be 

preempted as applied to interstate calls. 

In addition, NCMC indicates that it has 

been informed by the Florida 

Department of Agriculture & Consumer 

Services that the complaint is still 

pending and might become the basis for 

further enforcement proceedings against 

NCMC. NCMC maintains that ‘‘the State 

of Florida’s apparent intention to 

enforce th[e] prohibition as to interstate 

calls subjects NCMC to the ‘multiple, 

conflicting regulations’ that the 

Commission has declared its intention 

to avoid.’’

Federal Communications Commission. 

Jay Keithley, 

Deputy Bureau Chief, Consumer & 

Governmental Affairs Bureau.

[FR Doc. 04–28419 Filed 12–30–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 73 and 76 

[MM Docket No. 00–167; FCC 04–221] 

Broadcast Services; Children’s 

Television; Cable Operators; Satellite 

Service Providers

AGENCY: Federal Communications 

Commission.