[108th Congress Public Law 10]
[From the U.S. Government Printing Office]
[DOCID: f:publ010.108]
[[Page 117 STAT. 557]]
Public Law 108-10
108th Congress
An Act
To authorize the Federal Trade Commission to collect fees for the
implementation and enforcement of a ``do-not-call'' registry, and for
other purposes. <<NOTE: Mar. 11, 2003 - [H.R. 395]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Do-Not-Call Implementation
Act. 15 USC 6101 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do-Not-Call Implementation Act''.
SEC. 2. <<NOTE: 15 USC 6101 note.>> TELEMARKETING SALES RULE; DO-NOT-
CALL REGISTRY FEES.
The Federal Trade Commission may promulgate regulations establishing
fees sufficient to implement and enforce the provisions relating to the
``do-not-call'' registry of the Telemarketing Sales Rule (16 CFR
310.4(b)(1)(iii)), promulgated under the Telemarketing and Consumer
Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.). Such
regulations shall be promulgated in accordance with section 553 of title
5, United States Code. Fees may be collected pursuant to this section
for fiscal years 2003 through 2007, and shall be deposited and credited
as offsetting collections to the account, Federal Trade Commission--
Salaries and Expenses, and shall remain available until expended. No
amounts shall be collected as fees pursuant to this section for such
fiscal years except to the extent provided in advance in appropriations
Acts. Such amounts shall be available for expenditure only to offset the
costs of activities and services related to the implementation and
enforcement of the Telemarketing Sales Rule, and other activities
resulting from such implementation and enforcement.
SEC. 3. <<NOTE: 15 USC 6101 note.>> FEDERAL COMMUNICATIONS COMMISSION
DO-NOT-CALL REGULATIONS.
Not <<NOTE: Deadline.>> later than 180 days after the date of
enactment of this Act, the Federal Communications Commission shall issue
a final rule pursuant to the rulemaking proceeding that it began on
September 18, 2002, under the Telephone Consumer Protection Act (47
U.S.C. 227 et seq.). In issuing such rule, the Federal Communications
Commission shall consult and coordinate with the Federal Trade
Commission to maximize consistency with the rule promulgated by the
Federal Trade Commission (16 CFR 310.4(b)).
SEC. 4. <<NOTE: 15 USC 6101 note.>> REPORTING REQUIREMENTS.
(a) Report <<NOTE: Deadline.>> on Regulatory Coordination.--Within
45 days after the promulgation of a final rule by the Federal
Communications Commission as required by section 3, the Federal Trade
Commission and the Federal Communications Commission shall each transmit
to the Committee on Energy and Commerce of the
[[Page 117 STAT. 558]]
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report which shall include--
(1) an analysis of the telemarketing rules promulgated by
both the Federal Trade Commission and the Federal Communications
Commission;
(2) any inconsistencies between the rules promulgated by
each such Commission and the effect of any such inconsistencies
on consumers, and persons paying for access to the registry; and
(3) proposals to remedy any such inconsistencies.
(b) Annual Report.--For each of fiscal years 2003 through 2007, the
Federal Trade Commission and the Federal Communications Commission shall
each transmit an annual report to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report which shall include--
(1) an analysis of the effectiveness of the ``do-not-call''
registry as a national registry;
(2) the number of consumers who have placed their telephone
numbers on the registry;
(3) the number of persons paying fees for access to the
registry and the amount of such fees;
(4) an analysis of the progress of coordinating the
operation and enforcement of the ``do-not-call'' registry with
similar registries established and maintained by the various
States;
(5) an analysis of the progress of coordinating the
operation and enforcement of the ``do-not-call'' registry with
the enforcement activities of the Federal Communications
Commission pursuant to the Telephone Consumer Protection Act (47
U.S.C. 227 et seq.); and
(6) a review of the enforcement proceedings under the
Telemarketing Sales Rule (16 CFR 310), in the case of the
Federal Trade Commission, and under the Telephone Consumer
Protection Act (47 U.S.C. 227 et seq.), in the case of the
Federal Communications Commission.
Approved March 11, 2003.
LEGISLATIVE HISTORY--H.R. 395:
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HOUSE REPORTS: No. 108-8 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Feb. 12, considered and passed House.
Feb. 13, considered and passed Senate.
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