To amend the Communications Act of 1934 to prohibit certain practices involving the use of telephone equipment for advertising and solicitation purposes.
Telephone Advertising Regulation Act - Amends the Communications Act of 1934 to prohibit the use of: (1) any telephone facsimile machine, computer, or other electronic device to send unsolicited advertisements to the machine of any person whose number is listed as that of a party who objects to the receipt of such unsolicited advertisements; (2) any automatic dialing system to make unsolicited calls to a party listed as objecting to such unsolicited calls, to emergency telephone lines, and to paging or cellular telephones; (3) any such machine, device, or system which does not comply with specified technical standards; and (4) a computer or other electronic device to send an unsolicited advertisement via a facsimile machine unless the person sending the advertisement notes the date and time it is sent and the identity and telephone number of the business initiating the message.
Requires the Federal Communications Commission to: (1) compare and evaluate alternative mechanisms for establishing a national clearinghouse to compile a list of telephone subscribers who have submitted objections; (2) make such list available; and (3) select the most cost effective means of carrying out this Act, while providing for the recovery of costs.
Directs each common carrier providing telephone exchange service to afford its subscribers the opportunity to provide notification of objections to the receipt of such unsolicited calls or advertisements.
Specifies that regulations under this Act shall include: (1) a delineation of methods by which a subscriber shall be informed by a common carrier of the right to give or revoke a notification of objections; (2) a prohibition against charging residential subscribers for giving or revoking such notification or for being carried on such list; and (3) a prohibition against the use of such list for purposes other than compliance with State or Federal law.
Sets forth technical and procedural standards for such systems. Exempts from such standards facsimile machines that do not have the capacity for automatic dialing and transmission and that are incapable of operation through an interface with a computer.
Authorizes States to impose more restrictive requirements or regulations with respect to such systems.
For Further Action See H.R.2921.
For Further Action See H.R.2921.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-633.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-633.
Placed on the Union Calendar, Calendar No. 392.
Mr. Markey moved to suspend the rules and pass the bill, as amended.
Mr. Ritter demanded a second on the motion to suspend the rules.
Considered under suspension of the rules.
On ordering a second Agreed to without objection.
DEBATE - The House proceeded with forty minutes of debate.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.
DEBATE - Subsequently, pursuant to a unanimous consent agreement by Mr. Montgomery, the ordering of the yeas and nays was vacated and the question will be put to a voice vote.
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Considered as unfinished business.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Commerce.
Senate Committee on Commerce discharged by Unanimous Consent.
Senate Committee on Commerce discharged by Unanimous Consent.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 1026.