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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 For  Immediate  Release:  News  Media  Contact:  December  9,  2005  Rosemary  Kimball  at  (202)  418-  0511 
 e-  mail:  rosemary.  kimball@  fcc.  gov 
 COMMISSION  INITIATES  PROCEEDING  TO  IMPLEMENT  THE  JUNK  FAX  PREVENTION  ACT 


 Delays  January  9  Effective  Date  of  Prior  Written  Permission  Requirement 
 Washington,  DC  --  In  response  to  the  requirements  of  the  Junk  Fax  Prevention  Act,  signed  into  law  by  President  Bush  on  July  9,  2005,  the  Commission  has  proposed 
 to  amend  its  rules  to  implement  Congress’  mandate.  It  also  delayed  the  effective  date  of  the  requirement  that  a  sender  of  facsimile  advertisements  obtain  prior  written 
 permission  from  the  recipient,  currently  scheduled  to  go  into  effect  January  9,  2006. 
 The  Junk  Fax  Prevention  Act  requires  the  Commission  to  issue  regulations  to  implement  the  Act’s  provisions  no  later  than  April  5,  2006.  The  Act:  1)  codifies  an 
 established  business  relationship  exemption  to  the  prohibition  on  sending  unsolicited  facsimile  advertisements;  2)  provides  a  definition  of  an  established  business 
 relationship  to  be  used  in  the  context  of  unsolicited  facsimile  advertisements;  3)  requires  the  sender  of  a  facsimile  advertisement  to  provide  specified  notice  and  contact 
 information  on  the  facsimile  that  allows  recipients  to  “opt-  out”  of  any  future  facsimile  transmissions  from  the  sender;  and  4)  specifies  the  circumstances  under  which  a 
 request  to  “opt-  out”  complies  with  the  Act.  The  Act  also  authorizes  the  Commission,  after  a  period  of  three  months  from  the  date  of  enactment  of  the  Act,  to  consider  limits 
 on  the  duration  of  an  established  business  relationship. 
 The  Commission  seeks  comment  on  how  best  to  implement  these  requirements  and  update  its  rules  accordingly. 


 The  Commission  opened  CG  Docket  No.  05-  338  for  this  proceeding.  The  existing  docket,  CG  Docket  No.  02-  278,  will  remain  open  for  filings  on  other  issues 
 relating  to  the  Telephone  Consumer  Protection  Act  (TCPA). 
 Comments  are  due  30  days  after  publication  in  the  Federal  Register  and  replies  are  due  45  days  after  publication. 
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 Action  by  the  Commission,  December  9,  2005,  by  Notice  of  Proposed  Rulemaking  (FCC  05-  206).  Chairman  Martin,  Commissioners  Abernathy,  Copps  and 
 Adelstein. 
 -  FCC  - 


 CG  Docket  No.  02-  278  CG  Docket  No.  05-  338 
 CGB  Contacts:  Erica  McMahon  at  (202)  418-  0346;  Richard  D.  Smith  at  (717)  338-  2797. 
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