Conformity Magazine - March 2009 - (Page 10) NewsBreaks Commission Publishes Its Rule Review Plan for 2009 The Federal Communications Commission (FCC) has published its annual plan for the review of those regulations adopted by the agency ten years ago which have (or which might have) a significant economic impact on a “substantial number of small entities.” In a Public Notice issued by the Commission in December, the Commission lists those FCC regulations implemented in 2007 that are scheduled for review during 2009. The Commission’s review will consider the following factors: • The continued need for the rule; • The nature of complaints or comments received from the public concerning the rule; • The complexity of the rule; • The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, to the extent feasible, with State and local governmental rules; • The length of time since the rule has been evaluated, or the degree to which technology, economic conditions, or other factors have changed the area affected by the rule. Among the rules scheduled for review in 2009 are those affecting the marketing of radiofrequency devices (47 CRF, Part 2, Subpart 1), emissions limits for intentional radiators (47 CFR, Part 15, Subpart C), and conditions on the use of telephone terminal equipment (47 CFF, Part 68, Subpart B). Comments on the Commission’s proposed rule review were due in midFebruary. Our readers can view the complete text of the FCC’s notice at www.conformity.com/2710. page to which recipients are directed in the opt-out notice satisfies the Commission’s requirements. The Commission also declined to limit the duration for which a request to opt-out from receiving unsolicited fax advertisements remains in effect, citing the potential burden that such limits would place on consumers. Our readers can view the complete text of the FCC’s Order regarding its clarification of its junk fax regulations at www.conformity.com/2711. FCC Clarifies Junk Fax Regulations In an effort to assist companies in their efforts to comply with the requirements regarding the sending of unsolicited fax advertisements, the Federal Communications Commission (FCC) has issued an Order on Reconsideration that clarifies its position on several key issues. In brief, the Commission’s Order confirms that: • Fax numbers compiled by third parties on behalf of a sender of fax advertising will be presumed to have been made voluntarily available for public distribution, as long as they are obtained from the intended recipient’s own directory, advertisement, or web page. • “Reasonable” steps to verify that a recipient has agreed to make their fax number available for distribution may include methods other than direct contact with the recipient. • A description of the fax sender’s opt-out mechanism on the first web Commission Proposes Multiple $1 Million Plus Fines for Junk Faxes The Federal Communications Commission (FCC) has issued a Notice of Apparent Liability for Forfeiture for over $1.5 million against a New Jerseybased company for willful and repeated violations of its rules against the sending of unsolicited fax advertisements. The Notice cites EZPMG, Inc., based in Englishtown, NY, for delivering at least 281 unsolicited fax advertisements for mortgage services to at least 186 consumers. The unsolicited faxes were reportedly sent after the company received a Citation from the FCC’s Enforcement Bureau, warning them against future violations. Violations of the FCC’s regulations regarding junk faxes typically result in proposed monetary fines of up to $11,000 per violation. DiLBErt: © Scott adams/Dist. by United feature Syndicate, inc. reprinted with permission. 10 Conformity marCh 2009 http://www.conformity.com/2710 http://www.conformity.com/2711
For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.