PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: https://www.fcc.gov TTY: 1-888-835-5322 DA 17-184 Released: February 22, 2017 CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PETITION CONCERNING THE COMMISSION’S RULE ON OPT-OUT NOTICES ON FAX ADVERTISEMENTS CG Docket No. 02-278 CG Docket No. 05-338 Comment Date: March 8, 2017 Reply Comment Date: March 15, 2017 With this Public Notice, we seek comment on a petition for waiver 1 of section 64.1200(a)(4)(iv) of the Commission’s rules, which requires that an opt-out notice containing certain information be included in fax ads sent to a consumer who has provided prior express invitation or permission to receive them. 2 The Petitioner seeks retroactive waiver of the opt-out notice requirement for fax ads sent by or on its behalf to recipients from whom prior express invitation or permission allegedly had been obtained. 3 The Petitioner argues that good cause exists because it is similarly situated to parties granted retroactive waivers from this requirement in the Anda Order. 4 In the Anda Order, the Commission granted retroactive waivers to several individual petitioners because of uncertainty about whether the opt-out notice requirement applied to “solicited” faxes. 5 1 See Petition for Waiver of M3 USA Corporation, CG Docket Nos. 02-278, 05-338 (filed Feb. 14, 2017), available at: https://ecfsapi.fcc.gov/file/10214102331446/M3%20Petition%20for%20Waiver.pdf (M3 Petition). 2 The rules specify that the opt-out notice contained in fax ads must: (1) be clear and conspicuous and on the first page of the ad; (2) state that the recipient may make a request to the sender not to send any future ads and that failure to comply, within 30 days, with a request is unlawful; and (3) contain a domestic contact telephone number and fax number for the recipient to transmit an opt-out request. If neither the required telephone number nor fax number is a toll-free number, a separate cost-free mechanism, including a Web site address or email address, must be provided for a recipient to transmit a request to opt-out of future faxes. See 47 CFR § 64.1200(a)(4)(iii)-(iv). 3 See M3 Petition at 4. 4 See M3 Petition at 3, 4-5; Petition for Declaratory Ruling, Waiver, and/or Rulemaking Regarding the Commission’s Opt-Out Requirement for Faxes Sent with the Recipient’s Prior Express Permission, CG Docket Nos. 02-278, 05-338, 29 FCC Rcd 13998, 14008-12, paras. 22-31 (2014) (Anda Order). 5 See Anda Order, 29 FCC Rcd at 14008-12, paras. 22-30. 2The waivers granted in the Anda Order apply only to the individual petitioners listed in that order. 6 The Commission noted, however, that other, similarly situated parties may also seek waivers. 7 We therefore seek comment on the Petitioner’s request for waiver consistent with the guidance set forth in the Anda Order. Comments and Reply Comments. Pursuant to section 4(j) of the Communications Act of 1934 and section 1.1 of the Commission’s rules, we invite interested parties to file comments and reply comments on or before the dates indicated on the first page of this document. 8 Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS); or (2) by filing paper copies. ? Electronic Filers: Comments may be filed electronically using the Internet by accessing ECFS: https://www.fcc.gov/ecfs/. Filers should follow the instructions provided on the website for submitting comments. ? 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 12 th 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 or 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 12 th Street, SW, Washington DC 20554. Comments and reply comments filed in response to this Public Notice will be available via ECFS. These documents also will be available for public inspection during regular business hours in the FCC Reference Information Center, Portals II, 445 12 th Street S.W., Room CY-A257, Washington, D.C. 20554. Accessibility Information. 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). 6 See id. at 14008, para. 22. 7 Id. 8 47 U.S.C. § 154(j); 47 CFR § 1.1. 3Ex Parte Rules. This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules. 9 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 section 1.1206(b) of the Commission’s rules. 10 In proceedings governed by section 1.49(f) of the rules 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). 11 Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Additional Information. For further information, contact Rebecca A. Hirselj of the Consumer and Governmental Affairs Bureau, at (202) 418-7603 or Rebecca.Hirselj@fcc.gov. -FCC- 9 See 47 CFR §§ 1.1200 et seq. 10 47 CFR § 1.1206(b). 11 47 CFR § 1.49(f).