80_FR_15745 80 FR 15688 - Cargo Airlines Association Petition for Expedited Declaratory Ruling

80 FR 15688 - Cargo Airlines Association Petition for Expedited Declaratory Ruling

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range15688-15689
FR Document2015-06709

In this document, the Commission grants a request to exempt package delivery notifications from the Telephone Consumer Protection Act's (TCPA) restrictions on autodialed and prerecorded calls and messages to wireless telephone numbers, as long as consumers are not charged and may easily opt out of future messages if they wish, among other pro-consumer conditions. Congress gave the Commission the authority to exclude from this prohibition calls and texts that are not charged to the called party, subject to conditions necessary to protect the called party's privacy rights. This action is necessary to allow wireless consumers to receive package delivery notifications that will be welcome both as a convenience and as a way to guard against package theft.

Federal Register, Volume 80 Issue 57 (Wednesday, March 25, 2015) 
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15688-15689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06709]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 64

[CG Docket No. 02-278; FCC 14-32]


Cargo Airlines Association Petition for Expedited Declaratory 
Ruling

AGENCY: Federal Communications Commission.

ACTION: Exemption.

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SUMMARY: In this document, the Commission grants a request to exempt 
package delivery notifications from the Telephone Consumer Protection 
Act's (TCPA) restrictions on autodialed and prerecorded calls and 
messages to wireless telephone numbers, as long as consumers are not 
charged and may easily opt out of future messages if they wish, among 
other pro-consumer conditions. Congress gave the Commission the 
authority to exclude from this prohibition calls and texts that are not 
charged to the called party, subject to conditions necessary to protect 
the called party's privacy rights. This action is necessary to allow 
wireless consumers to receive package delivery notifications that will 
be welcome both as a convenience and as a way to guard against package 
theft.

DATES: Effective March 25, 2015.

FOR FURTHER INFORMATION CONTACT: Kristi Lemoine, Consumer Policy 
Division, Consumer and Governmental Affairs Bureau, at (202) 418-2467 
(voice), or email [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
document FCC 14-32, adopted March 27, 2014 and released on March 27, 
2014, in CG Docket No. 02-278. An Erratum to document FCC 14-32, was 
released on May 12, 2014. The full text of these documents and copies 
of any subsequently filed documents in this matter will be available 
for public inspection and copying via ECFS, and during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street SW., Room CY-A257, Washington, DC 20554. Document FCC 14-32 can 
also be downloaded in Word or Portable Document Format (``PDF'') at 
http://www.fcc.gov/document/cargo-airline-petition-declaratory-ruling. 
To request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format), send an email 
to [email protected] or call the Consumer and Governmental Affairs Bureau 
at 202-418-0530 (voice), 202-418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    Document FCC 14-32 does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act (PRA) of 
1995, Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Congressional Review Act

    The Commission will not send a copy of FCC 14-32 pursuant to the 
Congressional Review Act, see 5 U.S.C 801(a)(1)(A), because the 
Commission adopted no rules therein. Rather than adopting rules, the 
Commission exercised its statutory authority to grant an exemption by 
Order. See 47 U.S.C. 227(b)(2)(C).

Synopsis

    The Commission grants the Cargo Airline Association's request to 
exempt, from the TCPA's restrictions, its proposed free-to-end-user 
package delivery notifications to consumers' wireless phones, subject 
to certain conditions. The TCPA prohibits making, without the prior 
express consent of the called party, any non-emergency call

[[Page 15689]]

using an automatic telephone dialing system or an artificial or 
prerecorded voice to, among other recipients, any wireless telephone 
number. Specifically, the Commission adopts the following conditions 
applicable to each delivery notification (voice call or text message) 
made utilizing the exemption the Commission grants:
    (1) A notification must be sent, if at all, only to the telephone 
number for the package recipient;
    (2) notifications must identify the name of the delivery company 
and include contact information for the delivery company;
    (3) notifications must not include any telemarketing, solicitation, 
or advertising content;
    (4) voice call and text message notifications must be concise, 
generally one minute or less in length for voice calls and one message 
of 160 characters or less in length for text messages;
    (5) delivery companies shall send only one notification (whether by 
voice call or text message) per package, except that one additional 
notification may be sent to a consumer for each of the following two 
attempts to obtain the recipient's signature when the signatory was not 
available to sign for the package on the previous delivery attempt;
    (6) delivery companies relying on this exemption must offer parties 
the ability to opt out of receiving future delivery notification calls 
and messages and must honor the opt-out requests within a reasonable 
time from the date such request is made, not to exceed thirty days; 
and,
    (7) each notification must include information on how to opt out of 
future delivery notifications; voice call notifications that could be 
answered by a live person must include an automated, interactive voice- 
and/or key press-activated opt-out mechanism that enables the called 
person to make an opt-out request prior to terminating the call; voice 
call notifications that could be answered by an answering machine or 
voice mail service must include a toll-free number that the consumer 
can call to opt out of future package delivery notifications; text 
notifications must include the ability for the recipient to opt out by 
replying ``STOP.''
    The Commission's grant of the requested exemption, to the extent 
indicated herein, is limited to package delivery notifications to 
consumers' wireless phones either by voice or text and only applies so 
long as those calls are not charged to the consumer recipient, 
including not being counted against the consumer's plan limits on 
minutes or texts, and must comply with the conditions the Commission 
adopts. In addition to the limited context within which package 
delivery companies will be making autodialed or prerecorded package 
delivery notification calls to consumers' wireless numbers, the 
conditions adopted herein to protect consumers' privacy interests are 
critical to the Commission's exercise of the statutory authority to 
grant an exemption. Taken as a whole, the Commission finds that these 
conditions simultaneously fulfill the statutory obligation to protect 
consumers' privacy interest in avoiding unwanted calls while allowing 
package delivery companies a reasonable time in which to implement opt-
out elections. The Commission clarifies that, as required by the 
statute, except in an emergency or with the prior express consent of 
the consumer, any party who sends an autodialed or prerecorded package 
delivery notification to a wireless number that is not in full 
conformance with the requirements the Commission adopts today may not 
take advantage of this exemption and risks violating the TCPA.

Ordering Clause

    Pursuant to sections 4(i), 4(j), and 227 of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i), 154(j), 227, and Sec. Sec.  1.2 
and 64.1200 of the Commission's rules, 47 CFR 1.2, 64.1200, that the 
Petition for Expedited Declaratory Ruling filed by Cargo Airline 
Association on August 17, 2012 is granted in part and is otherwise 
dismissed to the extent indicated herein.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-06709 Filed 3-24-15; 8:45 am]
BILLING CODE 6712-01-P

15688 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations have a substantial direct effect on States Agency consideration of voluntary and pests, Reporting and recordkeeping or tribal governments, on the consensus standards pursuant to section requirements. relationship between the national 12(d) of the National Technology Dated: March 16, 2015. government and the States or tribal Transfer and Advancement Act Susan Lewis, governments, or on the distribution of (NTTAA) (15 U.S.C. 272 note). Director, Registration Division, Office of power and responsibilities among the XI. Congressional Review Act Pesticide Programs. various levels of government or between the Federal Government and Indian Pursuant to the Congressional Review Therefore, 40 CFR chapter I is tribes. Thus, the Agency has determined amended as follows: Act (5 U.S.C. 801 et seq.), EPA will that Executive Order 13132, entitled submit a report containing this rule and ‘‘Federalism’’ (64 FR 43255, August 10, PART 180—[AMENDED] other required information to the U.S. 1999) and Executive Order 13175, Senate, the U.S. House of entitled ‘‘Consultation and Coordination ■ 1. The authority citation for part 180 with Indian Tribal Governments’’ (65 FR Representatives, and the Comptroller General of the United States prior to continues to read as follows: 67249, November 9, 2000) do not apply to this action. In addition, this action publication of the rule in the Federal Authority: 21 U.S.C. 321(q), 346a and 371. does not impose any enforceable duty or Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). ■ 2. In § 180.960, add alphabetically the contain any unfunded mandate as following polymer to the table to read as described under Title II of the Unfunded List of Subjects in 40 CFR Part 180 follows: Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Environmental protection, § 180.960 Polymers; exemptions from the This action does not involve any Administrative practice and procedure, requirement of a tolerance. technical standards that would require Agricultural commodities, Pesticides * * * * * Polymer CAS No. * * * * * * * 2-Propenoic acid, 2-methyl-, 2-methylpropyl ester, homopolymer, minimum number average molecular weight (in amu), 55,000 9011–15–8 * * * * * * * [FR Doc. 2015–06690 Filed 3–24–15; 8:45 am] welcome both as a convenience and as Final Paperwork Reduction Act of 1995 BILLING CODE 6560–50–P a way to guard against package theft. Analysis DATES: Effective March 25, 2015. Document FCC 14–32 does not FOR FURTHER INFORMATION CONTACT: contain new or modified information FEDERAL COMMUNICATIONS Kristi Lemoine, Consumer Policy collection requirements subject to the COMMISSION Division, Consumer and Governmental Paperwork Reduction Act (PRA) of Affairs Bureau, at (202) 418–2467 1995, Public Law 104–13. In addition, 47 CFR Parts 1 and 64 therefore, it does not contain any new (voice), or email kristi.lemoine@fcc.gov. [CG Docket No. 02–278; FCC 14–32] or modified information collection SUPPLEMENTARY INFORMATION: This is a burden for small business concerns with summary of the Commission’s Order, fewer than 25 employees, pursuant to Cargo Airlines Association Petition for document FCC 14–32, adopted March the Small Business Paperwork Relief Expedited Declaratory Ruling 27, 2014 and released on March 27, Act of 2002, Public Law 107–198, see 44 AGENCY: Federal Communications 2014, in CG Docket No. 02–278. An U.S.C. 3506(c)(4). Commission. Erratum to document FCC 14–32, was ACTION: Exemption. released on May 12, 2014. The full text Congressional Review Act of these documents and copies of any The Commission will not send a copy SUMMARY: In this document, the subsequently filed documents in this of FCC 14–32 pursuant to the Commission grants a request to exempt matter will be available for public Congressional Review Act, see 5 U.S.C package delivery notifications from the inspection and copying via ECFS, and 801(a)(1)(A), because the Commission Telephone Consumer Protection Act’s during regular business hours at the adopted no rules therein. Rather than (TCPA) restrictions on autodialed and FCC Reference Information Center, adopting rules, the Commission prerecorded calls and messages to Portals II, 445 12th Street SW., Room exercised its statutory authority to grant wireless telephone numbers, as long as CY–A257, Washington, DC 20554. an exemption by Order. See 47 U.S.C. consumers are not charged and may Document FCC 14–32 can also be 227(b)(2)(C). easily opt out of future messages if they downloaded in Word or Portable wish, among other pro-consumer Document Format (‘‘PDF’’) at http:// Synopsis conditions. Congress gave the www.fcc.gov/document/cargo-airline- The Commission grants the Cargo asabaliauskas on DSK5VPTVN1PROD with RULES Commission the authority to exclude petition-declaratory-ruling. To request Airline Association’s request to exempt, from this prohibition calls and texts that materials in accessible formats for from the TCPA’s restrictions, its are not charged to the called party, people with disabilities (Braille, large proposed free-to-end-user package subject to conditions necessary to print, electronic files, audio format), delivery notifications to consumers’ protect the called party’s privacy rights. send an email to fcc504@fcc.gov or call wireless phones, subject to certain This action is necessary to allow the Consumer and Governmental Affairs conditions. The TCPA prohibits making, wireless consumers to receive package Bureau at 202–418–0530 (voice), 202– without the prior express consent of the delivery notifications that will be 418–0432 (TTY). called party, any non-emergency call VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1

Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15689 using an automatic telephone dialing In addition to the limited context within authorization of a depredation order system or an artificial or prerecorded which package delivery companies will under one regulation we are removing, voice to, among other recipients, any be making autodialed or prerecorded and no reports of activities undertaken wireless telephone number. package delivery notification calls to under the other in the last 10 years. Specifically, the Commission adopts the consumers’ wireless numbers, the Control of depredating birds may be following conditions applicable to each conditions adopted herein to protect undertaken under depredation permits delivery notification (voice call or text consumers’ privacy interests are critical in accordance with the regulations message) made utilizing the exemption to the Commission’s exercise of the already set forth. the Commission grants: statutory authority to grant an DATES: This rule is effective April 24, (1) A notification must be sent, if at exemption. Taken as a whole, the 2015. all, only to the telephone number for the Commission finds that these conditions package recipient; FOR FURTHER INFORMATION CONTACT: simultaneously fulfill the statutory (2) notifications must identify the George Allen, at 703–358–1825. obligation to protect consumers’ privacy name of the delivery company and interest in avoiding unwanted calls SUPPLEMENTARY INFORMATION: include contact information for the while allowing package delivery Background delivery company; companies a reasonable time in which (3) notifications must not include any On November 4, 2013, we published to implement opt-out elections. The telemarketing, solicitation, or a proposed rule (78 FR 65953) to remove Commission clarifies that, as required advertising content; 50 CFR 21.42, 21.45, and 21.46. These by the statute, except in an emergency (4) voice call and text message regulations concern depredating or with the prior express consent of the notifications must be concise, generally migratory birds. consumer, any party who sends an one minute or less in length for voice Specifically, 50 CFR 21.42 governs autodialed or prerecorded package calls and one message of 160 characters control of depredating migratory game delivery notification to a wireless or less in length for text messages; birds in the United States; under this (5) delivery companies shall send number that is not in full conformance section of the regulations, the Director only one notification (whether by voice with the requirements the Commission of the U.S. Fish and Wildlife Service is call or text message) per package, except adopts today may not take advantage of authorized to issue, by publication in that one additional notification may be this exemption and risks violating the the Federal Register, a depredation sent to a consumer for each of the TCPA. order to permit the taking of migratory following two attempts to obtain the Ordering Clause game birds under certain conditions if recipient’s signature when the signatory Pursuant to sections 4(i), 4(j), and 227 the Director receives evidence clearly was not available to sign for the package of the Communications Act of 1934, as showing that the migratory game birds on the previous delivery attempt; amended, 47 U.S.C. 154(i), 154(j), 227, have accumulated in such numbers in a (6) delivery companies relying on this and §§ 1.2 and 64.1200 of the particular area as to cause or about to exemption must offer parties the ability Commission’s rules, 47 CFR 1.2, cause serious damage to agricultural, to opt out of receiving future delivery 64.1200, that the Petition for Expedited horticultural, and fish cultural interests. notification calls and messages and Declaratory Ruling filed by Cargo Under 50 CFR 21.45, landowners, must honor the opt-out requests within Airline Association on August 17, 2012 sharecroppers, tenants, or their a reasonable time from the date such is granted in part and is otherwise employees or agents actually engaged in request is made, not to exceed thirty dismissed to the extent indicated herein. the production of rice in Louisiana, days; and, may, without a permit and in (7) each notification must include Federal Communications Commission. accordance with certain conditions, take information on how to opt out of future Marlene H. Dortch, purple gallinules (Ionornis martinica) delivery notifications; voice call Secretary. when found committing or about to notifications that could be answered by [FR Doc. 2015–06709 Filed 3–24–15; 8:45 am] commit serious depredations to growing a live person must include an BILLING CODE 6712–01–P rice crops on the premises owned or automated, interactive voice- and/or key occupied by those persons. press-activated opt-out mechanism that Under 50 CFR 21.46, landowners, enables the called person to make an DEPARTMENT OF THE INTERIOR sharecroppers, tenants, or their opt-out request prior to terminating the employees or agents actually engaged in call; voice call notifications that could Fish and Wildlife Service the production of nut crops in be answered by an answering machine Washington and Oregon may, without a or voice mail service must include a 50 CFR Part 21 permit and in accordance with certain toll-free number that the consumer can conditions, take scrub jays (Aphelocoma [Docket No. FWS–R9–MB–2011–0100; call to opt out of future package delivery FF09M29000–145–FXMB12320900000] coerulescens) and Steller’s jays notifications; text notifications must (Cyanocitta stelleri) when found include the ability for the recipient to RIN 1018–AX92 committing or about to commit serious opt out by replying ‘‘STOP.’’ depredations to nut crops on the The Commission’s grant of the Migratory Bird Permits; Removal of premises owned or occupied by such requested exemption, to the extent Regulations Concerning Certain persons. indicated herein, is limited to package Depredation Orders asabaliauskas on DSK5VPTVN1PROD with RULES delivery notifications to consumers’ This Rule AGENCY: Fish and Wildlife Service, wireless phones either by voice or text Interior. In response to our November 4, 2013, and only applies so long as those calls ACTION: Final rule. proposed rule (78 FR 65953), we are not charged to the consumer received no comments on our proposal recipient, including not being counted SUMMARY: We are removing two to remove 50 CFR 21.42 or 21.45, but we against the consumer’s plan limits on regulations that set forth certain did receive comments about our minutes or texts, and must comply with depredation orders for migratory birds. proposal to remove 50 CFR 21.46. In the conditions the Commission adopts. There have been no requests for this final rule, we are removing only 50 VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1


Document Created: 2018-02-21 09:49:00
Document Modified: 2018-02-21 09:49:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionExemption.
DatesEffective March 25, 2015.
ContactKristi Lemoine, Consumer Policy Division, Consumer and Governmental Affairs Bureau, at (202) 418-2467 (voice), or email [email protected]
FR Citation80 FR 15688 
CFR Citation47 CFR 1
47 CFR 64
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