August 22, 2003 -- In response to complaints from associations and businesses, the Federal Communications Commission has delayed from August 25 to January 1, 2005, the effective date for a new regulation that would require prior written consent to send faxes containing unsolicited advertisements.
In its August 18 reconsiderationorder, the FCC said it acted because organizations may need additional time to secure written permission to send faxes, and the extension will allow the FCC time to consider the numerous filings it had received. Until the new deadline date, an established business relationship will continue to be sufficient to show that an individual or business has given express permission to receive fax advertisements, the FCC said. However, the Commission’s extension of the effective date of the fax advertising written consent rule does not change the effective date for the
comprehensive telemarketing rules, including other rules regarding faxes, adopted on June 26, 2003, nor does it change the October 1, 2003 effective date for the national do-not-call registry.
NPES is among more than 1,500 organizations joining an American Society of Association Executives effort opposing the new regulations. NPES is concerned about the impact the new rule will have on the Association's ability to communicate with members and possible interference with members' communications to their customers.
In addition to ASAE, other organizations that have filed petitions with the FCC requesting a stay of the new rules included the U.S. Chamber of Commerce, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Association of Realtors, Newspaper Association of America and National Newspaper Association. American Business Media, representing trade publications, sought a delay and clarification on whether faxed expiration notices to subscribers and insertion orders to advertisers are advertisements.
In addition to requesting that the FCC give more thought to concerns from the association and business communities, ASAE and its coalition are working to inform members of Congress of the issue as part of an effort to change theTelephone Consumer Protection Act (TCPA) of 1991, which includes the regulation on faxes.
Individuals concerned about the impact of the new regulations may wish to e-mailMembers of Congress and the FCC directly in opposition to the regulations. All "comments" to the FCC must contain the proceeding number (02-278) to be considered. Optional attachments in e-mails to the FCC should be in Microsoft Word 6.0 and higher, or a similarly acceptable format.
For more information, visit the Government AffairsAlert page, or contact Erica H. McMahon or Richard d. Smith at 202-418-2512 in the FCC Consumer & Governmental Affairs Bureau, or NPES Government Affairs Director Mark Nuzzaco at 703/264-7200, e-mail [email protected]