II 

Calendar No. 537 

110TH CONGRESS 

1ST SESSION S. 781 

[Report No. 110–244] 

To extend the authority of the Federal Trade Commission to collect DoNot-Call Registry fees to fiscal years after fiscal year 2007. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2007 

Mr. PRYOR (for himself, Mr. STEVENS, and Mr. ROCKEFELLER) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

DECEMBER 12, 2007 

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To extend the authority of the Federal Trade Commission 

to collect Do-Not-Call Registry fees to fiscal years after 

fiscal year 2007. 

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

3 SECTION 1. EXTENSION OF AUTHORITY. 

4 (a) FEES.—Section 2 of the Do-Not-Call Implemen5 tation Act (15 U.S.C. 6101 note) is amended— 


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1 (1) by striking ‘‘for fiscal years 2003 through 

2 2007,’’; and 

3 (2) by striking ‘‘for such fiscal years’’. 

4 (b) REPORTS.—Section 4(b) of that Act is amended 

5 by striking ‘‘For each of fiscal years 2003 through 2007, 

6 the’’ and inserting ‘‘The’’. 

7 SECTION 1. SHORT TITLE. 

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

9 Fee Extension Act of 2007’’. 

10 SEC. 2. FEES FOR ACCESS TO REGISTRY. 

11 Section 2, of the Do-Not-Call Implementation Act (15 

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

13 ‘‘SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REG14 ISTRY FEES. 

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

16 shall assess and collect an annual fee pursuant to this sec17 tion in order to implement and enforce the ‘do-not-call’ reg18 istry as provided for in section 310.4(b)(1)(iii) of title 16, 

19 Code of Federal Regulations, or any other regulation issued 

20 by the Commission under section 3 of the Telemarketing 

21 and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 

22 6102). 

23 ‘‘(b) ANNUAL FEES.— 


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

2 each person who accesses the ‘do-not-call’ registry an 

3 annual fee that is equal to the lesser of— 

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

5 from the registry; or 

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

7 of data contained in the registry. 

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

9 charge a fee to any person— 

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

11 data; or 

12 ‘‘(B) for accessing area codes of data in the 

13 registry if the person is permitted to access, but 

14 is not required to access, the ‘do-not-call’ registry 

15 under section 310 of title 16, Code of Federal 

16 Regulations, section 64.1200 of title 47, Code of 

17 Federal Regulations, or any other Federal regu18 lation or law. 

19 ‘‘(3) DURATION OF ACCESS.— 

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

21 allow each person who pays the annual fee de22 scribed in paragraph (1), each person excepted 

23 under paragraph (2) from paying the annual 

24 fee, and each person excepted from paying an 

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


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1 title 16, Code of Federal Regulations, to access 

2 the area codes of data in the ‘do-not-call’ registry 

3 for which the person has paid during that per4 son’s annual period. 

5 ‘‘(B) ANNUAL PERIOD.—In this paragraph, 

6 the term ‘annual period’ means the 12-month pe7 riod beginning on the first day of the month in 

8 which a person pays the fee described in para9 graph (1). 

10 ‘‘(c) ADDITIONAL FEES.— 

11 ‘‘(1) IN GENERAL.—The Commission shall charge 

12 a person required to pay an annual fee under sub13 section (b) an additional fee for each additional area 

14 code of data the person wishes to access during that 

15 person’s annual period. 

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

17 data to be accessed during the person’s annual period, 

18 the Commission shall charge— 

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

20 the area code of data is first requested during the 

21 first 6 months of the person’s annual period; or 

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

23 the area code of data is first requested after the 

24 first 6 months of the person’s annual period. 

25 ‘‘(d) ADJUSTMENT OF FEES.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) FISCAL YEAR 2009.—The dollar 

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

4 amount to be charged for fiscal year 2009. 

5 ‘‘(B) FISCAL YEARS AFTER 2009.—For each 

6 fiscal year beginning after fiscal year 2009, each 

7 dollar amount in subsection (b)(1) and (c)(2) 

8 shall be increased by an amount equal to— 

9 ‘‘(i) the dollar amount in paragraph 

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

11 multiplied by 

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

13 the CPI for the most recently ended 12- 

14 month period ending on June 30 exceeds the 

15 baseline CPI. 

16 ‘‘(2) ROUNDING.—Any increase under subpara17 graph (B) shall be rounded to the nearest dollar. 

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

19 Commission shall not adjust the fees under this sec20 tion if the change in the CPI is less than 1 percent. 

21 ‘‘(4) PUBLICATION.—Not later than September 1 

22 of each year the Commission shall publish in the Fed23 eral Register the adjustments to the applicable fees, if 

24 any, made under this subsection. 

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


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1 ‘‘(A) CPI.—The term ‘CPI’ means the aver2 age of the monthly consumer price index (for all 

3 urban consumers published by the Department of 

4 Labor). 

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

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

7 ending June 30, 2008. 

8 ‘‘(e) PROHIBITION AGAINST FEE SHARING.—No per9 son may enter into or participate in an arrangement (as 

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

11 regulations (16 C.F.R. 310.8(c))) to share any fee required 

12 by subsection (b) or (c), including any arrangement to di13 vide the costs to access the registry among various clients 

14 of a telemarketer or service provider. 

15 ‘‘(f) HANDLING OF FEES.— 

16 ‘‘(1) IN GENERAL.—The commission shall deposit 

17 and credit as offsetting collections any fee collected 

18 under this section in the account ‘Federal Trade Com19 mission—Salaries and Expenses’, and such sums 

20 shall remain available until expended. 

21 ‘‘(2) LIMITATION.—No amount shall be collected 

22 as a fee under this section for any fiscal year except 

23 to the extent provided in advance by appropriations 

24 Acts.’’. 


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1 SEC. 3. REPORT. 

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

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

4 ‘‘SEC. 4. REPORTING REQUIREMENTS. 

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

6 31, 2009, and biennially thereafter, the Federal Trade Com7 mission, in consultation with the Federal Communications 

8 Commission, shall transmit a report to the Senate Com9 mittee on Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Energy and Com11 merce that includes— 

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

13 their telephone numbers on the registry; 

14 ‘‘(2) the number of persons paying fees for access 

15 to the registry and the amount of such fees; 

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

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

18 ‘‘(B) new telecommunications technology; 

19 and 

20 ‘‘(C) number portability and abandoned 

21 telephone numbers; and 

22 ‘‘(4) the impact of the established business rela23 tionship exception on businesses and consumers. 

24 ‘‘(b) ADDITIONAL REPORT.—Not later than December 

25 31, 2009, the Federal Trade Commission, in consultation 

26 with the Federal Communications Commission, shall transVerDate Aug 31 2005 05:20 Dec 13, 2007 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S781.RS S781

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1 mit a report to the Senate Committee on Commerce, 

2 Science, and Transportation and the House of Representa3 tives Committee on Energy and Commerce that includes— 

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

5 enforcement efforts with regard to senior citizens and 

6 immigrant communities; 

7 ‘‘(2) the impact of the exceptions to the do-not8 call registry on businesses and consumers, including 

9 an analysis of the effectiveness of the registry and 

10 consumer perceptions of the registry’s effectiveness; 

11 and 

12 ‘‘(3) the impact of abandoned calls made by pre13 dictive dialing devices on do-not-call enforcment.’’. 

14 SEC. 4. RULEMAKING. 

15 The Federal Trade Commission may issue rules, in ac16 cordance 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. 


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Calendar No. 537 

110TH CONGRESS 

1ST SESSION S. 781 

[Report No. 110

–244] 

A BILL 

To extend the authority of the Federal Trade Comfiscal years after fiscal year 2007. mission to collect Do-Not-Call Registry fees to 

DECEMBER 12, 2007 

Reported with an amendment 


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