S. 781

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

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,
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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.—
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‘‘(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
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appropriate to carry out the amendments to the Do-Not-Call

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.