
Federal Communications Commission
Pass H.R. 4600 and S. 2603, which prevents the Federal Communications
Commission from issuing flawed fax regulations on January 1, 2005.
Background
On July 25, 2003, the Federal Communications Commission (FCC) announced
it would make it unlawful to send a fax with commercial content to anyone
without first obtaining signed written consent. The rules abolished the
Established Business Relationship, as a basis for presuming consent exists
and were to become effective August 25, 2003. ASTA, with other concerned
businesses (known as the Travel Industry Petitioners), filed a petition
with the Federal Communications Commission (FCC) requesting that the Commission
reconsider and clarify the rules pertaining to unsolicited faxes that
were adopted by the FCC on June 26. This petition was a follow-up to ASTA's
request for an emergency stay of the rules filed earlier with the FCC.
That petition, among many, helped convince the Commission to delay most
of the rules until January 2005.
The Small Business Administration (SBA) held a roundtable
on November 17, 2003 to determine how the FCC’s “Do-Not-Fax”
advertising restrictions would economically impact small businesses According
to roundtable participants, including ASTA, the rules affects almost every
small business in this country as well as entire segments within industries.
SBA forwarded its roundtable findings in a November 21 letter to the FCC
urging them to minimize the impact of the fax rules on small businesses
and cited the FCC’s failure to meet the required statutes that protect
small businesses from burdensome regulatory actions.
Over 200 groups, including ASTA, have joined forces with
the National Association of Wholesaler-Distributors (NAW) to form a broad
based coalition in opposing the FCC fax rules. The Fax Ban Coalition’s
major players are: the U.S. Chamber of Commerce, National Federation of
Independent Businesses, National Association of Manufacturers, National
Restaurant Association and the American Society of Association Executives.
Coalition leaders have met with the FCC Commissioners individually, senior
White House officials and the House and Senate Leadership seeking assistance
to reverse the FCC rule legislatively.
ASTA joins over 200 major organizations in signing an Open
Letter to All Members of the House of Representatives encouraging
immediate passage of H.R. 4600.
H.R. 4600/S. 2603
» Creates a statutory “established business relationship”
(EBR) which will permit the sending of commercial/advertising faxes without
prior written consent to existing customers/vendors, etc.
» Places no time limit on the definition of an EBR
» Requires that all unsolicited commercial/advertising faxes provide
an opt-out mechanism so the recipient can ask not to receive further faxes
» Requires that the opt-out be a conspicuous notice on the first
page of the fax, contain a domestic contact telephone and fax number for
exercising the opt-out
» Authorizes the FCC to implement additional regulations exempting
not-for-profit trade associations from the obligation to provide an opt-out
on unsolicited faxes to their members
» Requires subsequent reports on the effectiveness of this legislation
Bill Status:
H.R. 4600 passed the U.S. House by a voice vote on July 20, 2004.
S. 2603 was reported out of the Senate Commerce Committee on July 22,
Sen. Barbara Boxer (D-CA) has placed a hold on the legislation preventing
floor action.
H. R. 4600
Sponsor: Rep. Upton (R-MI)
Co-sponsors:
Rep. Allen (D-ME)
Rep. Barton (R-TX)
Rep. Bono (R-CA)
Rep. Boucher (D-VA)
Rep. Burr (R-NC)
Rep. Buyer (R-IN)
Rep. Capps (D-CA)
Rep. Davis (R-FL)
Rep. Davis (D-TN)
Rep. Dingell (D-MI)
Rep. Ehlers (R-MI)
Rep. Engel (D-NY)
Rep. Gilmor (R-OH)
Rep. Gonzalez (R-TX)
Rep. Goode (R-VA)
Rep. Gordon (D-TN)
Rep. Green (D-TX)
Rep. John (D-LA)
Rep. Lahood (R-IL)
Rep. Lewis (R-KY)
Rep. Manzullo (R-IL)
Rep. Markey (D-MA)
Rep. McCarthy (D-MO)
Rep. Meeks (D-NY)
Rep. Michaud (D-ME)
Rep. Moran (R-KS)
Rep. Ney (R-OH)
Rep. Pickering (R-MS)
Rep. Rogers (D-AL)
Rep. Rogers (R-MI)
Rep. Schakowsky (D-IL)
Rep. Shays (R-CT)
Rep. Shimkus (R-IL)
Rep. Stearns (R-FL)
Rep. Strickland (D-OH)
Rep. Terry (R-NE)
Rep. Tiberi (R-OH)
Rep. Towns (D-NY)
Rep. Whitfield (R-KY)
Rep. Wilson (R-SC)
Rep. Wynn (D-MD)
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S. 2603
Sponsor: Sen. Gordon Smith (R-OR)
Co-sponsors:
Sen. Allen (R-VA)
Sen. Breaux (D-LA)
Sen. Bunning (R-KY)
Sen. Burns (R-MT)
Sen. Carper (D-DE)
Sen. Craig (R-ID)
Sen. Dorgan (D-ND)
Sen. Hollings (D-SC)
Sen. Lautenberg (D-NJ)
Sen. Lott (D-MS)
Sen. Nelson (D-FL)
Sen. Snowe (R-ME)
Sen. Stevens (R-AK)
Sen. Sununu (R-NH)
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