Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 56893 

APPENDIX A: SUMMARY OF ACCEPTABLE DECISIONS—Continued 

End-use Substitute Decision Further information 

Aerosols 

Aerosol solvents .................. The Mini-Max Cleaner  as 

a substitute for CFC–

113, methyl chloroform, 

and HCFCs.

Acceptable. 

Sterilants 

Sterilants .............................. The Mini-Max Cleaner  as 

a substitute for CFC–12, 

HCFC–22, HCFC–124, 

and blends thereof.

Acceptable. 

[FR Doc. E6–15833 Filed 9–27–06; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 02–278 and 05–338; FCC 

06–42] 

Rules and Regulations Implementing 

the Telephone Consumer Protection 

Act of 1991; Junk Fax Prevention Act 

of 2005 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the final regulations 

which were published in the Federal 

Register of Wednesday, May 3, 2006, 71 

FR 25967. The regulations relate to the 

sending of unsolicited facsimile 

advertisements as required by the Junk 

Fax Prevention Act of 2005 (the Junk 

Fax Prevention Act). 

DATES: Effective on August 1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Erica McMahon or Richard Smith, 

Consumer & Governmental Affairs 

Bureau, (202) 418–2512. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Communications 

Commission published a document in 

the Federal Register on May 3, 2006, 71 

FR 25967 amending part 64 of its rules 

on unsolicited facsimile advertisements 

as required by the Junk Fax Prevention 

Act. 

Need for Correction 

As published, the final regulations 

contain errors and omissions. 

List of Subjects in 47 CFR Part 64 

Communications common carriers, 

Telecommunications, Telephone. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

■ Accordingly, 47 CFR part 64 is 

corrected by making the following 

correcting amendments: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 

continues 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. Revise paragraphs (a)(3)(iii)(B) and 

(C) and add paragraphs (a)(4) through 

(a)(7) to read as follows: 

§ 64.1200 Delivery restrictions. 

(a) * * * 

(3) * * * 

(iii) * * * 

(B) The notice states that the recipient 

may make a request to the sender of the 

advertisement not to send any future 

advertisements to a telephone facsimile 

machine or machines and that failure to 

comply, within 30 days, with such a 

request meeting the requirements under 

paragraph (a)(3)(v) of this section is 

unlawful; 

(C) The notice sets forth the 

requirements for an opt-out request 

under paragraph (a)(3)(v) of this section; 

* * * * * 

(4) Use an automatic telephone 

dialing system in such a way that two 

or more telephone lines of a multi-line 

business are engaged simultaneously. 

(5) Disconnect an unanswered 

telemarketing call prior to at least 15 

seconds or four (4) rings. 

(6) Abandon more than three percent 

of all telemarketing calls that are 

answered live by a person, or measured 

over a 30-day period. A call is 

‘‘abandoned’’ if it is not connected to a 

live sales representative within two (2) 

seconds of the called person’s 

completed greeting. Whenever a sales 

representative is not available to speak 

with the person answering the call, that 

person must receive, within two (2) 

seconds after the called person’s 

completed greeting, a prerecorded 

identification message that states only 

the name and telephone number of the 

business, entity, or individual on whose 

behalf the call was placed, and that the 

call was for ‘‘telemarketing purposes.’’

The telephone number so provided 

must permit any individual to make a 

do-not-call request during regular 

business hours for the duration of the 

telemarketing campaign. The telephone 

number may not be a 900 number or any 

other number for which charges exceed 

local or long distance transmission 

charges. The seller or telemarketer must 

maintain records establishing 

compliance with paragraph (a)(6) of this 

section. 

(i) A call for telemarketing purposes 

that delivers an artificial or prerecorded 

voice message to a residential telephone 

line that is assigned to a person who 

either has granted prior express consent 

for the call to be made or has an 

established business relationship with 

the caller shall not be considered an 

abandoned call if the message begins 

within two (2) seconds of the called 

person’s completed greeting. 

(ii) Calls made by or on behalf of taxexempt nonprofit organizations are not 

covered by paragraph (a)(6) of this 

section. 

(7) Use any technology to dial any 

telephone number for the purpose of 

determining whether the line is a 

facsimile or voice line. 

* * * * * 

[FR Doc. 06–8245 Filed 9–27–06; 8:45 am] 

BILLING CODE 6712–01–P 


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