[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Notices]
[Pages 63112-63113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22010]
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FEDERAL COMMUNICATIONS COMMISSION
[CG Docket No. 02-278; DA 20-1120; FRS 17108]
Consumer and Governmental Affairs Bureau Seeks To Determine
Parties' Continuing Interest in Specific Petitions for Preemption of
State Consumer Protection Requirements
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) seeks to assess the Petitioners' continuing interests in
certain Petitions that were filed between 2003 and 2005. The FCC plans
to dismiss the Petitions with prejudice unless a Petitioner files a
letter in the relevant docket specifying that it objects to the
dismissal of its Petition and the reasons for such objections.
DATES: Petitioners may file a letter on or before November 20, 2020.
Unless Petitioners take action as described, the specified Petitions
will be dismissed on November 20, 2020.
[[Page 63113]]
ADDRESSES: You may file a letter in CG Docket No. 02-278, by any of the
following methods:
Federal Communications Commission: https://www.fcc.gov/ecfs.filings. Follow the instructions for submitting comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
In addition, you should send a copy of your letter to
Kristi Thornton of the Consumer and Governmental Affairs Bureau at
Kristi.Thornton@fcc.gov.
People with Disabilities: Contact the FCC to request reasonable
accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
FOR FURTHER INFORMATION CONTACT: Kristi Thornton of the Consumer Policy
Division, Consumer and Governmental Affairs Bureau, at (202) 418-2467
or at Kristi.Thornton@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Public Notice, DA
20-1120, CG Docket No. 02-278, released on September 23, 2020. The full
text of this document is available online at https://docs.fcc.gov/public/attachments/DA-20-1120A1.pdf. To request this document in
accessible formats for people with disabilities (e.g., Braille, large
print, electronic files, audio format) or to request reasonable
accommodations (e.g., accessible format documents, sign language
interpreters, CART), send an email to [email protected] or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 et seq. Persons making oral ex parte presentations are reminded
that memoranda summarizing the presentations must contain summaries of
the substance of the presentations and not merely a listing of the
subjects discussed. See 47 CFR 1.1206(b). Other rules pertaining to
oral and written ex parte presentations in permit-but-disclose
proceedings are set forth in Sec. 1.1206(b) of the Commission's rules,
47 CFR 1.1206(b).
Synopsis
1. The Consumer and Governmental Affairs Bureau (Bureau) has
pending 10 petitions (Petitions) generally asking the Commission to
preempt state protections against unwanted robocalls and faxes. The
Petitions were filed between 2003 and 2005, with no advocacy for
several years. In addition, the relief the Petitions request appears to
be moot or otherwise no longer relevant in light of both federal and
state regulatory changes that have occurred since the Petitions were
filed.
2. As part of the Commission's effort to efficiently manage its
dockets and resources, and to reduce backlog, the Bureau seeks to
assess the Petitioners' continuing interests in these Petitions. The
Bureau will dismiss the Petitions below with prejudice unless a
Petitioner files a letter in the relevant docket on or before November
20, 2020, specifying that it objects to the dismissal of its Petition
and the reasons for such objections. Upon release of document DA 20-
1120, the Bureau will send copies to the Petitioners at the last
available mailing address associated with the Petition.
3. These Petitions and related information are provided below:
4. Petitioner Mark Boling, Petition for Declaratory Ruling, CG
Docket No. 02-278; Petition filed 8/11/2003.
5. Petitioner Direct Marketing Association, Petition for
Reconsideration of Rules and Regulations Implementing the Telephone
Consumer Protection Act of 1991, CG Docket No. 02-278, Report and
Order, 18 FCC Rcd 14014 (2003); Petition filed 8/25/2003.
6. Petitioner American Teleservices Association, Inc., Petition for
Declaratory Ruling with Respect to Certain Provisions of the New Jersey
Consumer Fraud Act and the New Jersey Administrative Code, CG Docket
No. 02-278; Petition filed 8/24/2004.
7. Petitioner FreeEats.com Inc. (d/b/a ccAdvertising), Petition for
Expedited Declaratory Ruling, CG Docket No. 02-278; Petition filed 9/
13/2004.
8. Petitioner Consumer Bankers Association (Indiana), Petition for
Expedited Declaratory Ruling with Respect to Certain Provisions of the
Indiana Revised Statutes and Indiana Administrative Code, CG Docket No.
02-278; Petition filed 11/19/2004.
9. Petitioner Consumer Bankers Association (Wisconsin), Petition
for Declaratory Ruling with Respect to Certain Provisions of the
Wisconsin Statutes and Wisconsin Administrative Code, CG Docket No. 02-
278; Petition filed 11/19/2004.
10. Petitioner National City Mortgage Co., Petition for Expedited
Declaratory Ruling with Respect to Certain Provisions of the Florida
Statutes, CG Docket No. 02-278; Petition filed 11/22/2004.
11. Petitioner TSA Stores, Inc., Petition for Declaratory Ruling
with Respect to Certain Provisions of the Florida laws and regulations,
CG Docket No. 02-278; Petition filed 2/1/2005.
12. Petitioner 33 Allied Petitioners, Petition for Declaratory
Ruling that the FCC has Exclusive Regulatory Jurisdiction Over
Interstate Telemarketing, CG Docket No. 02-278; Petition filed 4/29/
2005.
13. Petitioner The Fax Ban Coalition, Petition for Declaratory
Ruling of the Fax Ban Coalition, CG Docket No. 02-278; Petition filed
11/7/2005.
Federal Communications Commission.
Gregory Haledjian,
Legal Advisor, Consumer and Governmental Affairs Bureau.
[FR Doc. 2020-22010 Filed 10-5-20; 8:45 am]
BILLING CODE 6712-01-P