CUNA Regulatory Comment Call


December 19, 2005

FCC’s Junk Fax Regulation

EXECUTIVE SUMMARY

The Federal Communications Commission (FCC) has issued a proposal to amend its rules to implement the requirements of the Junk Fax Prevention Act (Act), signed into law on July 9, 2005. The Act covers unsolicited facsimile (fax) advertisements. It allows organizations to continue to send unsolicited commercial faxes to customers, members, and vendors as long as they have an established business relationship (EBR) with those recipients. Faxes are also allowed when a new business relationship is established as long as the fax number was provided by the recipient or published in a directory, advertisement, or website. (The Act does not preempt state laws on the sending of unsolicited faxes, which may impose additional restrictions in some states.) The Act requires the FCC to issue regulations to implement the Act’s provisions by April 5, 2006. The FCC is seeking comments on how best to implement these requirements and update its rules accordingly.

BACKGROUND

DESCRIPTION OF THE PROPOSAL

Recognition of an EBR Exemption

Definition of EBR

Notice of Opt-Out Opportunity

Request to Opt-Out of Future Unsolicited Advertisements

Authority to Establish a Nonprofit Exception

Definition of Unsolicited Advertisement

QUESTIONS REGARDING THE PROPOSAL

The FCC has requested comments on these specific issues. Please feel free to answer only those questions about which you have a strong opinion.

Recognition of an EBR

Definition of EBR

Notice of Opt-Out Opportunity

Request to Opt-Out of Future Unsolicited Advertisements

Authority to Establish Nonprofit Exception

Definition of Unsolicited Advertisement

Eric Richard • General Counsel • (202) 508-6742 • erichard@cuna.com
Mary Mitchell Dunn • SVP & Associate General Counsel • (202) 508-6736 • mdunn@cuna.com
Jeffrey Bloch • Assistant General Counsel • (202) 508-6732 • jbloch@cuna.com
Lilly Thomas • Assistant General Counsel • (202) 508-6733 • lthomas@cuna.com
Catherine Orr • Senior Regulatory Counsel • (202) 508-6743 • corr@cuna.com