IIB 

110TH CONGRESS 

1ST SESSION H. R. 2601 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2007 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To extend the authority of the Federal Trade Commission 

to collect fees to administer and enforce the provisions 

relating to the ‘‘Do-not-call’’ registry of the Telemarketing Sales Rule. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Do-Not-Call Registry 

3 Fee Extension Act of 2007’’. 

4 SEC. 2. FEES FOR ACCESS TO REGISTRY. 

5 Section 2, of the Do-Not-Call Implementation Act 

6 (15 U.S.C. 6101 note) is amended to read as follows: 

7 ‘‘SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REG8 ISTRY FEES. 

9 ‘‘(a) IN GENERAL.—The Federal Trade Commission 

10 shall assess and collect an annual fee pursuant to this sec11 tion in order to implement and enforce the ‘do-not-call’ 

12 registry as provided for in section 310.4(b)(1)(iii) of title 

13 16, Code of Federal Regulations, or any other regulation 

14 issued by the Commission under section 3 of the Tele15 marketing and Consumer Fraud and Abuse Prevention 

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

17 ‘‘(b) ANNUAL FEES.— 

18 ‘‘(1) IN GENERAL.—The Commission shall 

19 charge each person who accesses the ‘do-not-call’ 

20 registry an annual fee that is equal to the lesser 

21 of— 

22 ‘‘(A) $54 for each area code of data 

23 accessed from the registry; or 

24 ‘‘(B) $14,850 for access to every area code 

25 of data contained in the registry. 


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1 ‘‘(2) EXCEPTION.—The Commission shall not 

2 charge a fee to any person— 

3 ‘‘(A) for accessing the first 5 area codes of 

4 data; or 

5 ‘‘(B) for accessing area codes of data in 

6 the registry if the person is permitted to access, 

7 but is not required to access, the ‘do-not-call’ 

8 registry under section 310 of title 16, Code of 

9 Federal Regulations, section 64.1200 of title 

10 47, Code of Federal Regulations, or any other 

11 Federal regulation or law. 

12 ‘‘(3) DURATION OF ACCESS.— 

13 ‘‘(A) IN GENERAL.—The Commission shall 

14 allow each person who pays the annual fee de15 scribed in paragraph (1), each person excepted 

16 under paragraph (2) from paying the annual 

17 fee, and each person excepted from paying an 

18 annual fee under section 310.4(b)(1)(iii)(B) of 

19 title 16, Code of Federal Regulations, to access 

20 the area codes of data in the ‘do-not-call’ reg21 istry for which the person has paid during that 

22 person’s annual period. 

23 ‘‘(B) ANNUAL PERIOD.—In this para24 graph, the term ‘annual period’ means the 12- 

25 month period beginning on the first day of the 


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1 month in which a person pays the fee described 

2 in paragraph (1). 

3 ‘‘(c) ADDITIONAL FEES.— 

4 ‘‘(1) IN GENERAL.—The Commission shall 

5 charge a person required to pay an annual fee under 

6 subsection (b) an additional fee for each additional 

7 area code of data the person wishes to access during 

8 that person’s annual period. 

9 ‘‘(2) RATES.—For each additional area code of 

10 data to be accessed during the person’s annual pe11 riod, the Commission shall charge— 

12 ‘‘(A) $54 for access to such data if access 

13 to the area code of data is first requested dur14 ing the first 6 months of the person’s annual 

15 period; or 

16 ‘‘(B) $27 for access to such data if access 

17 to the area code of data is first requested after 

18 the first 6 months of the person’s annual pe19 riod. 

20 ‘‘(d) ADJUSTMENT OF FEES.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) FISCAL YEAR 2009.—The dollar 

23 amount described in subsection (b) or (c) is the 

24 amount to be charged for fiscal year 2009. 


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1 ‘‘(B) FISCAL YEARS AFTER 2009.—For 

2 each fiscal year beginning after fiscal year 

3 2009, each dollar amount in subsection (b)(1) 

4 and (c)(2) shall be increased by an amount 

5 equal to— 

6 ‘‘(i) the dollar amount in paragraph 

7 (b)(1) or (c)(2), whichever is applicable, 

8 multiplied by 

9 ‘‘(ii) the percentage (if any) by which 

10 the CPI for the most recently ended 12- 

11 month period ending on June 30 exceeds 

12 the baseline CPI. 

13 ‘‘(2) ROUNDING.—Any increase under subpara14 graph (B) shall be rounded to the nearest dollar. 

15 ‘‘(3) CHANGES LESS THAN 1 PERCENT.—The 

16 Commission shall not adjust the fees under this sec17 tion if the change in the CPI is less than 1 percent. 

18 ‘‘(4) PUBLICATION.—Not later than September 

19 1 of each year the Commission shall publish in the 

20 Federal Register the adjustments to the applicable 

21 fees, if any, made under this subsection. 

22 ‘‘(5) DEFINITIONS.—In this subsection: 

23 ‘‘(A) CPI.—The term ‘CPI’ means the av24 erage of the monthly consumer price index (for 


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1 all urban consumers published by the Depart2 ment of Labor). 

3 ‘‘(B) BASELINE CPI.—The term ‘baseline 

4 CPI’ means the CPI for the 12-month period 

5 ending June 30, 2008. 

6 ‘‘(e) PROHIBITION AGAINST FEE SHARING.—No per7 son may enter into or participate in an arrangement (as 

8 such term is used in section 310.8(c) of the Commission’s 

9 regulations (16 CFR 310.8(c))) to share any fee required 

10 by subsection (b) or (c), including any arrangement to di11 vide the costs to access the registry among various clients 

12 of a telemarketer or service provider. 

13 ‘‘(f) HANDLING OF FEES.— 

14 ‘‘(1) IN GENERAL.—The commission shall de15 posit and credit as offsetting collections any fee col16 lected under this section in the account ‘Federal 

17 Trade Commission—Salaries and Expenses’, and 

18 such sums shall remain available until expended. 

19 ‘‘(2) LIMITATION.—No amount shall be col20 lected as a fee under this section for any fiscal year 

21 except to the extent provided in advance by appro22 priations Acts.’’. 

23 SEC. 3. REPORT. 

24 Section 4 of the Do-Not-Call Implementation Act (15 

25 U.S.C. 6101 note) is amended to read as follows: 


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1 ‘‘SEC. 4. REPORTING REQUIREMENTS. 

2 ‘‘(a) BIENNIAL REPORTS.—Not later than December 

3 31, 2009, and biennially thereafter, the Federal Trade 

4 Commission, in consultation with the Federal Communica5 tions Commission, shall transmit a report to the Senate 

6 Committee on Commerce, Science, and Transportation 

7 and the House of Representatives Committee on Energy 

8 and Commerce that includes— 

9 ‘‘(1) the number of consumers who have placed 

10 their telephone numbers on the registry; 

11 ‘‘(2) the number of persons paying fees for ac12 cess to the registry and the amount of such fees; 

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

14 of— 

15 ‘‘(A) the 5-year reregistration requirement; 

16 ‘‘(B) new telecommunications technology; 

17 and 

18 ‘‘(C) number portability and abandoned 

19 telephone numbers; and 

20 ‘‘(4) the impact of the established business rela21 tionship exception on businesses and consumers. 

22 ‘‘(b) ADDITIONAL REPORT.—Not later than Decem23 ber 31, 2009, the Federal Trade Commission, in consulta24 tion with the Federal Communications Commission, shall 

25 transmit a report to the Senate Committee on Commerce, 

26 Science, and Transportation and the House of RepresentVerDate Aug 31 2005 04:13 Dec 13, 2007 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2601.RFS H2601

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1 atives Committee on Energy and Commerce that in2 cludes— 

3 ‘‘(1) the effectiveness of do-not-call outreach 

4 and enforcement efforts with regard to senior citi5 zens and immigrant communities; 

6 ‘‘(2) the impact of the exceptions to the do-not7 call registry on businesses and consumers, including 

8 an analysis of the effectiveness of the registry and 

9 consumer perceptions of the registry’s effectiveness; 

10 and 

11 ‘‘(3) the impact of abandoned calls made by 

12 predictive dialing devices on do-not-call enforce13 ment.’’. 

14 SEC. 4. RULEMAKING. 

15 The Federal Trade Commission may issue rules, in 

16 accordance with section 553 of title 5, United States Code, 

17 as necessary and appropriate to carry out the amendments 

18 to the Do-Not-Call Implementation Act (15 U.S.C. 6101 

19 note) made by this Act. 

Passed the House of Representatives December 11, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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