/FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN
July 15,2015
The Honorable Scott Tipton
U.S. House of Representatives
218 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Tipton:
Thank you for your letter urging the Commission to act on a Petition for Expedited
Declaratory Ruling and Exemption filed by the American Association of Healthcare
Administrative Management (AAHAM), which asks the Commission to confirm that providing a
phone number to a healthcare provider constitutes prior express consent to be called by or on
behalf of the provider under the TCPA.
As you note, Congress enacted the TCPA in 1991 to protect consumers from specific
unwanted calls. Among other provisions, the statute and the Commission's implementing rules
prohibit the use of automatic telephone dialing systems and artificial or prerecorded voice
messages to make non-emergency calls to wireless numbers and other specified recipients
without prior express consent.
At the Commission's June 18,2015, Open Meeting, the agency took action to resolve
more than 20 petitions raising TCPA issues, including AAHAM's petition, reiterating as we have
in previous orders, that "persons who knowingly release their phone numbers have in effect
given their invitation or permission to be called at the number which they have given, absent
instructions to the contrary."! The Commission granted AAHAM's requested exemption with
only certain modifications to ensure compliance with related laws protecting the confidentiality
of consumer healthcare information (HIPAA) and confirmed that providing a phone number to a
healthcare provider constitutes consent to be called.
The Commission's decisions on these issues were based on an extensive record in
response to the petitions, including numerous informative meetings with trade associations, small
business owners, state attorneys general, consumer groups, and other interested parties. Please
be assured that we have carefully considered the input of all stakeholders, including callers and
consumers alike.
I See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278,
Declaratory Ruling and Order, FCC 15-72 (2015 Ruling and Order) (reL July 10, 2015) ~ 141, (citing 1992 TCPA
Order, 7 FCC Rcd at 8769, ~ 31).
Page 2-The Honorable Scott Tipton
I appreciate your interest in this matter. Please let me know if I can be of any further
assistance.