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 16-302 Released: March 22, 2016 CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON A PETITION FOR RETROACTIVE WAIVER FILED BY PAPA MURPHY’S HOLDINGS, INC. AND PAPA MURPHY’S INTERNATIONAL L.L.C. CG Docket No. 02-278 Comment Date: April 21, 2016 Reply Comment Date: May 6, 2016 With this Public Notice, we seek comment on a petition for waiver filed by Papa Murphy’s Holdings, Inc. and Papa Murphy’s International L.L.C.1 (collectively Papa Murphy’s) requesting a retroactive and prospective waiver of the Commission’s prior-express-written-consent requirement for automated telemarketing calls like the waiver granted recently to parties who, Papa Murphy’s states, are similarly situated.2 In 2012, the Commission adopted rules pursuant to the Telephone Consumer Protection Act (TCPA)3 that required prior express written consent for autodialed, prerecorded, or artificial voice telemarketing calls to wireless telephone numbers and for prerecorded or artificial voice telemarketing calls to residential telephone numbers.4 1 Petition for Waiver filed by Papa Murphy’s Holdings, Inc. and Papa Murphy’s International L.L.C., CG Docket No. 02-278, at 1 (filed on Feb. 22, 2016) (Petition). Papa Murphy’s states that they are “the franchisors of the Papa Murphy’s Take ‘N’ Bake pizza shops across the United States and Canada.” Id. at 1. Papa Murphy’s describes their text messaging program as offering individuals the option of receiving coupons and other promotions via text message. “At all times, customers who wished to receive such promotions affirmatively provided their written consent to take part in the program” either by texting a message to a specified short code or filling out an online sign-up form. Id. at 2-3. Papa Murphy’s states that they only sent text messages to “persons who affirmatively opted into the receipt of such messages” and “did not condition receipt of promotions on consent to receive text messages.” Id. Papa Murphy’s also notes that every text message “informed customers they could stop receiving text messages by replying ‘stop.’” Id. 2 See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling and Order, 30 FCC Rcd 7961, 8014-15, para. 102 (2015 TCPA Order). 3 The TCPA is codified as 47 U.S.C. § 227. The Commission’s implementing rules are codified as 47 CFR § 64.1200. 4 47 CFR § 64.1200(a)(2), (3). 2In support of its request, Papa Murphy’s asserts that good cause exists for such a waiver because special circumstances warrant deviation from the general rule and because a waiver would serve the public interest.5 Specifically, Papa Murphy’s asserts that it is similarly situated to the parties who have already received a retroactive and prospective waiver of the written consent requirement because it faced the same confusion regarding the implementation of this written consent requirement.6 We seek comment on these and any other issues raised in the Petition. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. 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 the 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 Street, 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. 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 & 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.7 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 5 Petition at 5-6. 6 Id. 7 47 CFR §§ 1.1200 et seq. 3already 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: Christina Clearwater, Consumer and Governmental Affairs Bureau, Federal Communications Commission, (202) 418-1893; Christina.Clearwater@fcc.gov. -FCC-