[Senate Report 110-244]
[From the U.S. Government Publishing Office]
Calendar No. 537
110th Congress
1st Session SENATE Report
110-244
_______________________________________________________________________
DO-NOT-CALL REGISTRY FEE COLLECTION EXTENSION
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 781
deg.
December 12, 2007.--Ordered to be printed
U.S GOVERNMENT PRINTING OFFICE
69-010 WASHINGTON : 2007
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 537
110th Congress Report
SENATE
1st Session 110-244
======================================================================
DO-NOT-CALL REGISTRY FEE COLLECTION EXTENSION
_______
December 12, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 781]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
H.R. deg. 781) TITLE deg. to extend the
authority of the Federal Trade Commission to collect Do-Not-
Call Registry fees to fiscal years after fiscal year 2007,
having considered the same, reports favorably thereon
without amendment deg. with amendments deg.
with an amendment (in the nature of a substitute) and
recommends that the bill joint resolution deg. (as
amended) do pass.
Purpose of the Bill
S. 781, as amended, would provide the Federal Trade
Commission (FTC) the authority to continue collecting fees to
continue administering the Do-Not-Call (DNC) Registry after
fiscal year (FY) 2007. The Do-Not-Call Implementation Act (DNC
Act) specified that the FTC may only collect fees through 2007.
S. 781 would extend the authority of the FTC to collect DNC
Registry fees beyond 2007.
Background and Needs
On March 11, 2003, President George W. Bush signed the DNC
Act into law. The DNC Act makes it illegal for telemarketers to
call consumers with whom they did not have a prior business
relationship. It also limits the times of day when
telemarketers can call, the use of auto-dialing technology, and
the area codes accessible to telemarketers. The enforcement
provisions of the DNC Act include severe fines for calling
numbers on the DNC Registry, and the Act requires telemarketers
to keep their own in-house call lists up-to-date with the DNC
Registry.
The FTC opened the DNC Registry on June 27, 2003, and
telemarketers were required to comply by October 1, 2003.
Nearly 5,000 telemarketers purchased all or parts of the list
and removed the phone numbers on the DNC Registry.
A telemarketer who ignores the DNC list is subject to an
$11,000 fine for each call to a phone number on the DNC
Registry. The fine is levied by the FTC; no private right of
action is available to individual consumers or State attorneys
general. The law requires telemarketers to search the registry
and synchronize their call lists on a regular basis. The
registry has logged more than 144 million telephone numbers
since its inception.
The DNC Act also directed the FTC to use fees collected
pursuant to the DNC Act as an offset to FTC appropriations for
the FY 2003 through FY 2007. Each year, Congress directs the
FTC to raise a certain amount of money from the DNC fees. The
FTC's FY 2008 budget proposal assumes an offset of $19 million
from DNC fees. Based on the Congressional offset direction, the
FTC adjusts its fees. Over the past several years, the fee to
telemarketers to access the DNC list has risen substantially
from $7,375 for the entire registry in 2003 to $17,050 in 2006.
In addition, the FTC does not charge for registry information
on five or fewer area codes. In FY 2006, 58,816 entities
accessed five or fewer area codes for free. In FY 2006, to gain
access to the DNC Registry, 6,824 entities paid a combined
total of approximately $22 million in fees.
In its Annual Report to Congress for FY 2006, the FTC
stated that the DNC Registry was effectively serving its
fundamental purpose by maintaining high registration volumes
and reducing unwanted phone calls from telemarketers. The
Commission also concluded that the registry was successfully
recording consumer complaints and consumer preferences to avoid
telemarketing phone calls, permitting businesses to access the
registry, and sharing information and tools with state and
federal law enforcement personnel so that they could conduct
investigations into complaints and take appropriate action. In
short, the FTC affirmed in its report to Congress that the DNC
Registry constitutes an effective consumer protection program.
The Report underscored other issues reflecting the
program's efficacy. Concerning agency harmonization, in 2006,
the FTC coordinated closely with the Federal Communications
Commission (FCC) to share enforcement priorities and avoid
duplicative action. Regarding consolidation and efficiency, the
FTC worked with States to advance its objective of forming a
single registry to provide businesses and consumers with a
single point of contact. Finally, concerning enforcement, while
compliance with the DNC Registry was high, the FTC continued to
prosecute violators of the DNC Act and worked closely with the
Department of Justice, the FCC, and the individual States. With
the fee collection authority ending in FY 2007, S. 781 is
needed to authorize and stabilize the fee structure of the
Registry.
Summary of Provisions
S. 781 would mandate the FTC to assess and collect an
annual fee to implement and enforce the DNC Registry as
currently provided for by rule and by any other regulation
issued by the Commission under section 3 of the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102).
Under the bill, the FTC would access annual fees that are
equal to or less than $54 for each area code of data accessed
or $14,850 to access every area code of data in the registry.
According to the FTC, these levels would generate approximately
$19 million in fees. No telemarketing firm would be permitted
to enter into or participate in an arrangement to share any fee
with another firm or a client.
Fees would be adjusted for inflation by the Consumer Price
Index (CPI). The fees would be increased as needed by
multiplying the fees set in the Act by the percentage (if any)
by which the CPI for the most recently ended 12-month period
ending June 30 exceeds the baseline CPI. The term ``baseline
CPI'' would be defined as the CPI for the 12-month period
ending June 30, 2008. The FTC would be required to publish the
adjustments in the Federal Register. The FTC could not charge a
fee to any person for accessing the first 5 area codes of data
or for persons permitted but not required to access the
registry. However, the FTC could charge an additional fee for
accessing additional data during an annual period. If a person
wishes to access additional data during an annual period for
which a fee has already been paid for prior data access, an
additional fee would be required to be assessed. If the
additional data is assessed during the first 6 months of an
annual period, the fee would be $54 for each area code of data.
If the additional data is accessed after the first 6 months of
the annual period, the fee would be $27 for each area code of
data.
S. 781 would change the annual reports required by the DNC
Act from annual to biennial reports, and would provide the FTC
the ability to issue rules as necessary to carry out the
amendments to the DNC Act as required by S. 781.
Legislative History
On March 6, 2007, Senator Pryor introduced S. 781, which
was referred to the Committee on Commerce, Science, and
Transportation (Committee). Vice Chairman Stevens and Senator
Rockefeller cosponsored the measure. On April 10, 2007, all
five FTC Commissioners testified before the Committee on
several issues as part of general oversight of the Commission,
and included testimony on the DNC Registry and the need for
renewed fee authorization. On July 31, 2007, the Committee held
a hearing on telemarketing practices and received testimony on
S. 781.
On August 2, 2007, the Committee met in open executive
session to consider an amendment in the nature of a substitute
offered by Senator Pryor and Chairman Inouye that made several
substantive changes to the bill as introduced. The Committee
adopted the Pryor-Inouye substitute amendment to the bill by
voice vote and ordered the bill reported favorably with the
amendment in the nature of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
September 27, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 781, the Do-Not-Call
Registry Fee Extension Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Peter R. Orszag.
Enclosure.
S.781--Do-Not-Call Registry Fee Extension Act of 2007
Summary: S. 781 would authorize the Federal Trade
Commission (FTC) to continue to collect and spend fees to
operate and enforce the ``do-not-call'' registry. The registry
contains a list of consumers who telemarketing firms are
prohibited from calling because the consumers have notified the
FTC that they do not wish to receive such calls. The bill also
would require the FTC to prepare two reports about the use and
effectiveness of the registry.
Based on information from the FTC, CBO estimates that the
FTC would collect a total of $107 million under the bill over
the 2008-2012 period and spend $105 million over that period,
assuming appropriation actions consistent with the bill. Over
the five-year period, CBO estimates that implementing S. 781
would decrease net spending subject to appropriation by $2
million. Enacting S. 781 would not affect direct spending or
revenues.
S. 781 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments.
S. 781 would impose a private-sector mandate, as defined in
UMRA, by making permanent the authority of the FTC to collect
fees from telemarketing firms. CBO expects that the costs of
that mandate would fall below the annual threshold established
in UMRA for private-sector mandates ($131 million, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 781 is shown in the following table. The
costs of this legislation fall within budget function 370
(commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Gross FTC Spending for the Do-Not-Call Registry:
Estimated Authorization Level.................................. 21 21 21 22 22
Estimated Outlays.............................................. 19 21 21 22 22
Offsetting Collections from Telemarketers:
Estimated Authorization Level.................................. -21 -21 -21 -22 -22
Estimated Outlays.............................................. -21 -21 -21 -22 -22
Net Changes to FTC Spending for the Do-Not-Call Registry: 0 0 0 0 0
Estimated Authorization Level.................................. 0 0 0 0 0
Estimated Outlays.............................................. -2 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: S. 781 would authorize the FTC to
collect fees sufficient to operate and enforce the ``do-not-
call'' registry, contingent on approval of the fees in annual
appropriation acts. For this estimate, CBO assumes that S. 781
and the necessary appropriation provisions will be enacted
early in fiscal year 2008. In 2006, the FTC incurred costs of
about $19 million and collected fees of approximately $22
million to operate and enforce the ``do-not-call'' registry;
CBO expects that collections and spending in 2007 will be
similar.
The bill would set fees for firms that wish to subscribe to
the registry at rates lower than the FTC is currently charging.
Based on information from the commission, CBO expects that the
lower fees authorized by the bill would still be sufficient to
cover the costs of operating the registry. CBO estimates that
the FTC would collect $107 million over the 2008-2012 period
and spend $105 million, assuming the necessary appropriation
actions. Over the five-year period, CBO estimates that
implementing S. 781 would result in a reduction of $2 million
in net spending subject to appropriation.
CBO estimates that the cost of preparing two reports for
the Congress regarding the effectiveness of the registry would
be less than $500,000, subject to the availability of
appropriated funds.
Estimated impact on state, local, and tribal governments:
S. 781 contains no intergovernmental mandates as defined in
UMRA and would not affect the budgets of state, local, or
tribal governments.
Estimated impact on the private sector: S. 781 would amend
the Do-Not-Call Implementation Act (Public Law 108-10) to make
permanent the authority of the FTC to collect fees in order to
implement and enforce the ``Do-Not-Call'' registry. The
authority to collect those fees is set to expire at the end of
fiscal year 2007. Under current law, telemarketing firms are
required to periodically update their phone number databases to
reflect the updated list of numbers that are added to the ``Do-
Not-Call'' list. The bill would permanently extend the
authority of the FTC to collect fees from those firms for using
this list. The duty on telemarketing firms to pay those fees
would constitute a new mandate. CBO estimates that extending
the fees would amount to approximately $107 million over the
next five years. Consequently, the costs of the mandate would
fall below the annual threshold established by UMRA for
private-sector mandates ($131 million, adjusted annually for
inflation).
Estimate prepared by: Federal costs: Susan Willie; impact
on state, local, and tribal governments: Elizabeth Cove; Impact
on the private sector: Jacob Kuipers.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The authority to collect fees for the DNC Registry would
guarantee the availability of the DNC Registry for every person
with a telephone number that could be contacted by telemarketer
not covered by the exceptions within the Telemarketing Sales
Rule. Telemarketers would have to continue purchasing and
scrubbing consumer telephone numbers that are on the DNC
Registry.
ECONOMIC IMPACT
S. 781 would stabilize the annual fees charged to the
telemarketing industry and adjust the fee increases for
inflation. The Committee would expect the legislation to
provide cost certainty for the telemarketing industry, thereby
providing a net economic benefit over the current fee system.
PRIVACY
S. 781 would increase the privacy of consumers by assuring
the continuation of the DNC Registry.
PAPERWORK
It is expected that the legislation would not increase the
paperwork requirements beyond what is currently required to
comply with the DNC Registry.
Section-by-Section Analysis
Section 1. Short title
The Act may be cited as the ``Do Not Call Registry Fee
Extension Act of 2007.''
Section 2. Fees for access to registry
The section would amend section 2 of the DNC Act. The FTC
would be mandated to assess and collect an annual fee to
implement and enforce the DNC Registry as currently provided
for by rule and by any other regulation issued by the FTC under
section 3 of the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6102).
Annual Fees. The FTC would set annual fees that are equal
to $54 for each area code of data accessed, or $14,850 to
access every area code of data in the DNC Registry. The FTC
would not be able to charge a fee to any person for accessing
the first 5 area codes of data or for persons permitted to but
not required to access the registry.
Duration of Access. Each person who pays the annual fee for
access to the registry would be allowed access to the area
codes paid for by that fee for the annual period. As defined by
this section, the term ``annual period'' would mean the 12-
month period beginning on the first day of the month in which a
person pays a fee for access to the registry.
Additional Fees. If a person wishes to access additional
data during an annual period for which a fee has already been
paid for prior data access, the FTC would assess an additional
fee. If the additional data is assessed during the first 6
months of an annual period, the fee would be $54 for each area
code of data. If the additional data is accessed after the
first 6 months of the annual period, the fee would be $27 for
each area code of data.
Adjustment of Fees. Fees would be adjusted for inflation
based on the CPI. The fees would be increased as needed by
multiplying the fees set in the Act by the percentage (if any)
by which the CPI for the most recently ended 12-month period
ending June 30 exceeds the baseline CPI. The FTC would publish
the adjustments in the Federal Register. The FTC would not
adjust the fees if the change in CPI were less than 1 percent.
As defined by this section, the term ``baseline CPI'' would
mean the CPI for the 12-month period ending June 30, 2008.
Prohibition Against Fee Sharing. No telemarketing firm
would be permitted to enter into or participate in an
arrangement to share any fee with another firm or a client.
Handling of Fees. The FTC would be mandated to deposit and
credit as offsetting collections any fee collected under this
section in the Federal Trade Commission Salaries and Expenses
account and appropriated funds would remain available until
expended. No amount would be collected as a fee under this
section for any fiscal year except to the extent provided in
advance by appropriations Acts.
Section 3. Reports
Starting in 2009, the FTC would issue reports to the
Congress on the DNC Registry on a biennial basis.
Section 4. Rulemaking
The FTC would be authorized to issue rules as necessary to
carry out the amendments to the DNC Act made by S. 781.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
DO-NOT-CALL IMPLEMENTATION ACT
SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
[15 U.S.C. 6101]
[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.]
(a) In General.--The Federal Trade Commission shall assess
and collect an annual fee pursuant to this section in order to
implement and enforce the ``do-not-call'' registry as provided
for in section 310.4(b)(1)(iii) of title 16, Code of Federal
Regulations, or any other regulation issued by the Commission
under section 3 of the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6102).
(b) Annual Fees.--
(1) In general.--The Commission shall charge each
person who accesses the ``do-not-call'' registry an
annual fee that is equal to the lesser of--
(A) $54 for each area code of data accessed
from the registry; or
(B) $14,850 for access to every area code of
data contained in the registry.
(2) Exception.--The Commission shall not charge a fee
to any person--
(A) for accessing the first 5 area codes of
data; or
(B) for accessing area codes of data in the
registry if the person is permitted to access,
but is not required to access, the ``do-not-
call'' registry under section 310 of title 16,
Code of Federal Regulations, section 64.1200 of
title 47, Code of Federal Regulations, or any
other Federal regulation or law.
(3) Duration of access.--
(A) In general.--The Commission shall allow
each person who pays the annual fee described
in paragraph (1), each person excepted under
paragraph (2) from paying the annual fee, and
each person excepted from paying an annual fee
under section 310.4(b)(1)(iii)(B) of title 16,
Code of Federal Regulations, to access the area
codes of data in the ``do-not-call'' registry
for which the person has paid during that
person's annual period.
(B) Annual period.--In this paragraph, the
term `annual period' means the 12-month period
beginning on the first day of the month in
which a person pays the fee described in
paragraph (1).
(c) Additional Fees.--
(1) In general.--The Commission shall charge a person
required to pay an annual fee under subsection (b) an
additional fee for each additional area code of data
the person wishes to access during that person's annual
period.
(2) Rates.--For each additional area code of data to
be accessed during the person's annual period, the
Commission shall charge--
(A) $54 for access to such data if access to
the area code of data is first requested during
the first 6 months of the person's annual
period; or
(B) $27 for access to such data if access to
the area code of data is first requested after
the first 6 months of the person's annual
period.
(d) Adjustment of Fees.--
(1) In general.--
(A) Fiscal year 2009.--The dollar amount
described in subsection (b) or (c) is the
amount to be charged for fiscal year 2009.
(B) Fiscal years after 2009.--For each fiscal
year beginning after fiscal year 2009, each
dollar amount in subsection (b)(1) and (c)(2)
shall be increased by an amount equal to--
(i) the dollar amount in paragraph
(b)(1) or (c)(2), whichever is
applicable, multiplied by
(ii) the percentage (if any) by which
the CPI for the most recently ended 12-
month period ending on June 30 exceeds
the baseline CPI.
(2) Rounding.--Any increase under subparagraph (B)
shall be rounded to the nearest dollar.
(3) Changes less than 1 percent.--The Commission
shall not adjust the fees under this section if the
change in the CPI is less than 1 percent.
(4) Publication.--Not later than September 1 of each
year the Commission shall publish in the Federal
Register the adjustments to the applicable fees, if
any, made under this subsection.
(5) Definitions.--In this subsection:
(A) CPI.--The term ``CPI'' means the average
of the monthly consumer price index (for all
urban consumers published by the Department of
Labor).
(B) Baseline CPI.--The term ``baseline CPI''
means the CPI for the 12-month period ending
June 30, 2008.
(e) Prohibition Against Fee Sharing.--No person may enter
into or participate in an arrangement (as such term is used in
section 310.8(c) of the Commission's regulations (16 C.F.R.
310.8(c))) to share any fee required by subsection (b) or (c),
including any arrangement to divide the costs to access the
registry among various clients of a telemarketer or service
provider.
(f) Handling of Fees.--
(1) In general.--The commission shall deposit and
credit as offsetting collections any fee collected
under this section in the account ``Federal Trade
Commission--Salaries and Expenses'', and such sums
shall remain available until expended.
(2) Limitation.--No amount shall be collected as a
fee under this section for any fiscal year except to
the extent provided in advance by appropriations Acts.
* * * * * * *
SEC. 4. REPORTING REQUIREMENTS.
[15 U.S.C. 6101 note]
[(a) Report 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 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.]
(a) Biennial Reports.--Not later than December 31, 2009, and
biennially thereafter, the Federal Trade Commission, in
consultation with the Federal Communications Commission, shall
transmit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Energy and Commerce that includes--
(1) the number of consumers who have placed their
telephone numbers on the registry;
(2) the number of persons paying fees for access to
the registry and the amount of such fees;
(3) the impact on the ``do-not-call'' registry of--
(A) the 5-year reregistration requirement;
(B) new telecommunications technology; and
(C) number portability and abandoned
telephone numbers; and
(4) the impact of the established business
relationship exception on businesses and consumers.
(b) Additional Report.--Not later than December 31, 2009, the
Federal Trade Commission, in consultation with the Federal
Communications Commission, shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Energy and Commerce
that includes--
(1) the effectiveness of do-not-call outreach and
enforcement efforts with regard to senior citizens and
immigrant communities;
(2) the impact of the exceptions to the do-not-call
registry on businesses and consumers, including an
analysis of the effectiveness of the registry and
consumer perceptions of the registry's effectiveness;
and
(3) the impact of abandoned calls made by predictive
dialing devices on do-not-call enforcment.