IB 
Union Calendar No. 355 
108TH CONGRESS 
2D SESSION 
H. R. 4600 
[Report No. 108–593] 
To amend section 227 of the Communications Act of 1934 to clarify the 
prohibition on junk fax transmissions. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2004 
Mr. UPTON (for himself, Mr. MARKEY, Mr. BARTON of Texas, Mr. DINGELL, 
Mr. BOUCHER, Mr. TERRY, Mr. TOWNS, Mr. JOHN, Mr. ENGEL, Mr. 
ROGERS of Michigan, Mr. BUYER, Mrs. CAPPS, Mr. WYNN, Mr. GORDON, 
Mr. GILLMOR, Mr. GREEN of Texas, Mrs. BONO, Ms. SCHAKOWSKY, Mr. 
STEARNS, Mr. PICKERING, Mr. DAVIS of Florida, Mr. BURR, Mr. 
SHIMKUS, and Mr. GONZALEZ) introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
JULY 9, 2004 
Additional sponsors: Mr. EHLERS, Mr. ALLEN, Mr. SHAYS, Mr. MEEKS of 
New York, Mr. LEWIS of Kentucky, Mr. TIBERI, Mr. STRICKLAND, Mr. 
GOODE, Ms. MCCARTHY of Missouri, Mr. WHITFIELD, Mr. DAVIS of Ten-
nessee, Mr. MORAN of Kansas, Mr. WILSON of South Carolina, Mr. 
MICHAUD, Mr. ROGERS of Alabama, Mr. NEY, Mr. LAHOOD, and Mr. 
MANZULLO 
JULY 9, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 16, 2004] 
A BILL 
To amend section 227 of the Communications Act of 1934 
to clarify the prohibition on junk fax transmissions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Junk Fax Prevention 
Act of 2004’’. 
SEC. 
2. 
PROHIBITION 
ON 
FAX 
TRANSMISSIONS 
CON-
TAINING UNSOLICITED ADVERTISEMENTS. 
(a) PROHIBITION.—Subparagraph (C) of section 
227(b)(1) of the Communications Act of 1934 (47 U.S.C. 
227(b)(1)(C)) is amended to read as follows: 
‘‘(C) to use any telephone facsimile ma-
chine, computer, or other device to send, to a 
telephone facsimile machine, an unsolicited ad-
vertisement, unless— 
‘‘(i) the unsolicited advertisement is 
from a sender with an established business 
relationship with the recipient, and
‘‘(ii) the unsolicited advertisement con-
tains a notice meeting the requirements 
under paragraph (2)(D), 
except that the exception under clauses (i) and 
(ii) shall not apply with respect to an unsolic-
ited advertisement sent to a telephone facsimile 
machine by a sender to whom a request has been 
made not to send future unsolicited advertise-
ments to such telephone facsimile machine that 
complies with the requirements under paragraph 
(2)(E); or’’. 
(b) DEFINITION OF ESTABLISHED BUSINESS RELA-
TIONSHIP.—Subsection (a) of section 227 of the Commu-
nications Act of 1934 (47 U.S.C. 227(a)) is amended— 
(1) by redesignating paragraphs (2) through (4) 
as paragraphs (3) through (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) The term ‘established business relationship’, 
for purposes only of subsection (b)(1)(C)(i), shall have 
the meaning given the term in section 64.1200 of the 
Commission’s regulations, as in effect on January 1, 
2003, except that— 
‘‘(A) such term shall include a relationship 
between a person or entity and a business sub-
scriber subject to the same terms applicable 
under such section to a relationship between a 
person or entity and a residential subscriber; 
and 
‘‘(B) an established business relationship 
shall be subject to any time limitation estab-
lished pursuant to paragraph (2)(G).’’. 
(c) REQUIRED NOTICE OF OPT-OUT OPPORTUNITY.— 
Paragraph (2) of section 227(b) of the Communications Act 
of 1934 (47 U.S.C. 227(b)(2)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) shall provide that a notice contained 
in an unsolicited advertisement complies with 
the requirements under this subparagraph only 
if— 
‘‘(i) the notice is clear and conspicuous 
and on the first page of the unsolicited ad-
vertisement; 
‘‘(ii) the notice states that the recipient 
may make a request to the sender of the un-