[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Page 19686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10426]
[[Page 19686]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 64 and 68
[CC Docket No. 92-90; FCC 97-117]
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991, Order on Further Reconsideration
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On April 10, 1997, the Commission released an Order on Further
Reconsideration clarifying that a facsimile broadcast service provider
must ensure that the identifying information of the entity on whose
behalf the provider sent facsimile messages appears on messages. We
determine that the sender of a facsimile message is the creator of the
content of the message. The Order on Further Reconsideration is
intended to alert the industry and the general public that a facsimile
message must include the identification of the business, other entity,
or individual creating or originating the message.
EFFECTIVE DATE: May 23, 1997.
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Renee Alexander, Attorney, Network
Services Division, Common Carrier Bureau, (202) 418-2497.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's Rules and
Regulations Implementing the Telephone Consumer Protection Act of 1991,
Order on Further Reconsideration, FCC 97-117, adopted April 3, 1997,
and released April 10, 1997. The file is available for inspection and
copying during the weekday hours of 9 a.m. to 4:30 p.m. in the
Commission's Reference Center, room 239, 1919 M St., NW., Washington
DC, or copies may be purchased from the Commission's duplicating
contractor, ITS, Inc., 2100 M St., NW., Suite 140, Washington, DC
20037, phone (202) 857-3800.
Analysis of Proceeding
In the Order on Further Reconsideration, the Commission reconsiders
our determination in the Memorandum Opinion and Order (60 FR 42068,
August 15, 1995) that a facsimile broadcast service provider must
ensure that its identifying information and the identifying information
of the entity on whose behalf it sent facsimile messages must appear on
the messages. The Commission finds that the sender of a facsimile
message is the creator of the content of the message. Thus, the
Commission concludes that Section 227(d)(1) of the Telephone Consumer
Protection Act of 1991, Public Law 102-243 (1991), mandates that a
facsimile message must include the identification of the business,
other entity, or individual creating or originating that message and
not the entity that transmits the message.
Ordering Clauses
Accordingly, pursuant to Sections 4(i), 227(d)(2) and 405(a) of the
Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i),
227(d)(2) and 405(a), and Section 1.106 of the Commission's Rules, 47
CFR Sec. 1.106, it is ordered, that MCI's petition for clarification
or, in the alternative, reconsideration is granted.
List of Subjects
47 CFR Part 64
Communications common carriers, Telephone.
47 CFR Part 68
Communications equipment, Telephone.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-10426 Filed 4-22-97; 8:45 am]
BILLING CODE 6712-01-P
