[110th Congress Public Law 188]
[From the U.S. Government Printing Office]
[DOCID: f:publ188.110]
[[Page 122 STAT. 635]]
Public Law 110-188
110th Congress
An Act
To extend the authority of the Federal Trade Commission to collect Do-
Not-Call Registry fees to fiscal years after fiscal year
2007. <<NOTE: Feb. 15, 2008 - [S. 781]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Do-Not-Call Registry
Fee Extension Act of 2007. 15 USC 6151 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do-Not-Call Registry Fee Extension
Act of 2007''.
SEC. 2. FEES FOR ACCESS TO REGISTRY.
Section 2, of the Do-Not-Call Implementation Act (15 U.S.C. 6101
note) is amended to read as follows:
``SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
``(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,
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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) <<NOTE: Deadline. Federal Register, publication.>>
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.--
[[Page 122 STAT. 637]]
``(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. 3. REPORT.
Section 4 of the Do-Not-Call Implementation Act (15 U.S.C. 6101
note) is amended to read as follows:
``SEC. 4. REPORTING REQUIREMENTS.
``(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 enforcement.''.
SEC. 4. <<NOTE: 15 USC 6152 note.>> RULEMAKING.
The Federal Trade Commission may issue rules, in accordance with
section 553 of title 5, United States Code, as necessary and
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appropriate to carry out the amendments to the Do-Not-Call
Implementation Act (15 U.S.C. 6101 note) made by this Act.
Approved February 15, 2008.
LEGISLATIVE HISTORY--S. 781 (H.R. 2601):
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HOUSE REPORTS: No. 110-485 accompanying H.R. 2601 (Comm. on Energy and
Commerce).
SENATE REPORTS: No. 110-244 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Dec. 17, considered and passed
Senate.
Vol. 154 (2008):
Feb. 6, considered and passed House.
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