FCC Delays Implementation of New Fax Rules


The Federal Communications Commission (FCC) has extended to
Jan. 1, 2005 the effective date of its new rules requiring
written consent before sending advertising faxes. This
action does not change the effective date for the
comprehensive telemarketing rules, including other rules
regarding faxes, adopted on June 26. It also does not
change the Oct. 1 effective date for the national do-not-
call registry.

The extension of time permits entities sending fax
advertisements more time to comply with the new rules and
obtain written consent and signatures from parties to whom
they wish to fax. It will also allow the FCC time to
consider any petitions for reconsideration and other
filings that may be made on this issue.

The extension keeps in effect, until Jan. 1, 2005, the
exemption that allows entities to send unsolicited fax
advertisements to individuals and businesses with which
they have established business relationships. Until that
date, those transmitting faxes do not have to obtain the
express written consent, including signatures, from
recipients with whom they have established business
relationships. Regardless of the extension, however, fax
transmitters still must obtain prior express permission
from fax recipients with whom they do not have established
business relationships.

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