PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 13-2312 Released: December 3, 2013 CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON REVISED TCPA EXEMPTION PROPOSAL FROM THE CARGO AIRLINE ASSOCIATION CG Docket No. 02-278 Comments Due: December 17, 2013 Reply Comments Due: December 24, 2013 With this Public Notice, we seek comment on a revised exemption proposal described in an ex parte presentation filed by the Cargo Airline Association (CAA) on November 19, 2013,1 in connection with the proceeding concerning CAA’s Petition for Expedited Declaratory Ruling.2 CAA’s Petition sought, among other things, a declaration that autodialed or prerecorded calls to a wireless telephone number for the purpose of notifying the recipient regarding delivery of a package are exempt from the requirement under the Telephone Consumer Protection Act (TCPA) 3 and the Commission’s associated rules4 to obtain prior express consent before making autodialed or prerecorded calls to a wireless telephone number.5 Section 227(b)(2)(C) of the TCPA states that the Commission “may, by rule or order, exempt from the [section (b)(1)(A)(iii) prior express consent requirement] calls to a telephone number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the interest of the privacy rights this section is intended to protect.”6 1 Notice of Ex Parte Presentation, CG Docket No. 02-278, filed by Mark W. Brennan, Counsel to the Cargo Airline Association on Nov. 19, 2013 (November 19 Presentation). According to its petition, CAA is “the nationwide trade organization representing the interests of the United States all-cargo air transportation industry.” Its members include ABX Air, Atlas Air, Capital Cargo, DHL, FedEx Express, Kalitta Air, and UPS Airlines. 2 See Cargo Airline Association, Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (filed Aug. 17, 2012) (Petition). 3 See 47 U.S.C. § 227(b)(1)(A)(iii). The TCPA is codified as 47 U.S.C. § 227. 4 47 C.F.R. § 64.1200(a)(1)(iii). 5 Petition at 1-2, 6-9. The Bureau sought comment on the Petition on October 16, 2012. See Consumer and Governmental Affairs Bureau Seeks Comment on Petition for Declaratory Rulemaking from Cargo Airlines Association, CG Docket No. 02-278, Public Notice, 27 FCC Rcd 13028 (CGB 2012). 6 47 U.S.C. § 227(b)(2)(C). Federal Communications Commission DA 13-xx 2 CAA’s November 19 Presentation provides additional information in support of its exemption request. It states that “there are several options available today to send free-to-end-user (‘FTEU’) text messages to wireless telephone numbers. For example, third-party solutions providers offer companies, for a fee, the ability to send FTEU text messages to subscribers of all four national U.S. wireless carriers.”7 While CAA states that, “subscribers of these four carriers represent approximately 88% of the wireless telephone numbers that are provided today as contact information for residential package deliveries,” it argues that “[s]olutions for other carriers may also be available, and any exemption should provide flexibility for CAA members to work with carriers and third parties to develop additional FTEU voice and text solutions.”8 CAA proposes that the Commission adopt seven conditions as part of an exemption for voice call and text message package delivery notifications.9 We seek further comment on CAA’s exemption proposal, including the additional information and proposed conditions described in its November 19 Presentation. Pursuant to sections 1.415 and 1.419 of the Commission’s rules,10 interested parties may file comments and reply comments on or before the respective dates indicated on the first page of this Notice. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Electronic Filers: Comments may be filed electronically using the Internet by accessing ECFS: http://fjallfoss.fcc.gov/ecfs2/. § Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. § Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. 7 November 19 Presentation at 2. 8 Id. 9 See id. 10 47 C.F.R. §§ 1.415, 1.419. Federal Communications Commission DA 13-xx 3 People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.11 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. FOR FURTHER INFORMATION CONTACT: B. Lynn Follansbee, Consumer and Governmental Affairs Bureau, Federal Communications Commission, 202-418-1514, and lynn.follansbee@fcc.gov. -FCC- 11 47 C.F.R. §§ 1.1200 et seq.