PUBLIC LAW 110–188—FEB. 15, 2008 122 STAT. 635 

Public Law 110–188 

110th Congress 

An Act 

To extend the authority of the Federal Trade Commission to collect Do-Not-Call 

Registry fees to fiscal years after fiscal year 2007. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Do-Not-Call Registry Fee Extension Act of 2007’’. 

SEC. 2. FEES FOR ACCESS TO REGISTRY. 

Section 2, of the Do-Not-Call Implementation Act (15 U.S.C. 

6101 note) is amended to read as follows: 

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

‘‘(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, 

Do-Not-Call 

Registry Fee 

Extension Act 

of 2007. 

15 USC 6151 

note. 

Feb. 15, 2008 

[S. 781] 


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122 STAT. 636 PUBLIC LAW 110–188—FEB. 15, 2008 

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.— 

‘‘(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.— 

Deadline. 

Federal Register, 

publication. 


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PUBLIC LAW 110–188—FEB. 15, 2008 122 STAT. 637 

‘‘(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. 3. REPORT. 

Section 4 of the Do-Not-Call Implementation Act (15 U.S.C. 

6101 note) is amended to read as follows: 

‘‘SEC. 4. REPORTING REQUIREMENTS. 

‘‘(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 

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 enforcement.’’. 

SEC. 4. RULEMAKING. 

The Federal Trade Commission may issue rules, in accordance 

with section 553 of title 5, United States Code, as necessary and 

15 USC 6152 

note. 


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122 STAT. 638 PUBLIC LAW 110–188—FEB. 15, 2008 

LEGISLATIVE HISTORY—S. 781 (H.R. 2601): 

HOUSE REPORTS: No. 110–485 accompanying H.R. 2601 (Comm. on Energy and 

Commerce). 

SENATE REPORTS: No. 110–244 (Comm. on Commerce, Science, and Transportation). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Dec. 17, considered and passed Senate. 

Vol. 154 (2008): Feb. 6, considered and passed House. 

Æ 

appropriate to carry out the amendments to the Do-Not-Call 

Implementation Act (15 U.S.C. 6101 note) made by this Act. 

Approved February 15, 2008. 


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