Summary: H.R.1304 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (11/18/1991)

Telephone Advertising Consumer Rights Act - Amends the Communications Act of 1934 to prohibit any person within the United States from: (1) making any telephone solicitation in violation of regulations prescribed by the Federal Communications Commission (FCC) pursuant to this Act; (2) using any telephone facsimile (fax) machine or automatic telephone dialing system that does not comply with prescribed technical and procedural standards, or in a manner that does not comply with such standards, to make any telephone solicitation; (3) using any fax machine, computer, or other device to send an unsolicited advertisement in violation of any such regulations; (4) using any automatic telephone dialing system to make unsolicited calls to an emergency telephone line or pager of any hospital, medical physician or service office, health care facility, or fire protection or law enforcement agency, or to any telephone number assigned to paging, specialized mobile radio, or cellular telephone service; or (5) using a computer or other electronic device to send an unsolicited advertisement via a fax machine unless such person clearly marks the date and time it is sent, an identification of the business sending the advertisement, and the telephone number of the sending machine or business.

Directs the FCC to: (1) initiate a rulemaking proceeding concerning the need to protect residential telephone subscribers' privacy rights to avoid receiving telephone solicitations to which they object; and (2) prescribe regulations to implement methods and procedures for protecting such privacy rights without the imposition of any additional charge to telephone subscribers. States that such regulations may require the establishment and operation of a single national database to compile a list of telephone numbers of residential subscribers who object to receiving such solicitations, or to receiving certain classes or categories of telephone solicitations, and to make the compiled list available for purchase. Outlines information to be included in such regulations if the FCC determines that such a database is required.

Directs the FCC, if it determines that the national database is required, to: (1) consider the different needs of telemarketers conducting business on a national, State, or local level; (2) develop a fee schedule for recouping the cost of such database that recognizes such differences; and (3) consider whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and if such directories are needed as an adjunct to database lists prepared by area code and local exchange prefix.

Directs the FCC to: (1) revise the regulations setting technical and procedural standards for fax machines to require that any fax machine manufactured after six months after the enactment of this Act clearly marks the date and time sent, an identification of the business or other entity sending the advertisement, and the telephone number of the sending machine or business. (Exempts for 12 months fax machines that do not have the capacity for automatic dialing and transmission and that are not capable of operation through an interface with a computer.) Requires the FCC to prescribe standards for automatic telephone dialing systems used to transmit any prerecorded telephone solicitation, including the requirements that: (1) all prerecorded telephone messages clearly state the identity and telephone number or address of the business or other entity initiating the call; and (2) such systems will, as soon as is technically practicable after the called party hangs up, automatically create a disconnect signal or on-hook condition which allows the called party's line to be released.

Requires the FCC to prescribe rules to restrict the use of any fax machine, computer, or other electronic device to send any unsolicited advertisement to the fax machine of any person.

Provides that if the FCC requires such a database or other equivalent method of Federal regulation over such telephone solicitations, a State or local authority may not develop any different database or system for use in the regulation of such solicitations and may not enforce restrictions on such solicitations in a manner not based upon the requirements imposed by the FCC.

Requires the FCC, when technically feasible, to ensure the allotment or assignment of a new radio frequency to the licensee of an existing AM daytime-only radio station located in a community of over 100,000 which: (1) lacks a local full-time station licensed to that community; (2) is located in or adjacent to a major metropolitan market; and (3) notifies the FCC that it seeks to migrate to a new frequency.