April 19, 2021

Volume XI, Number 109


April 16, 2021

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Another Formal Petition to “Correct” Exemptions Consent Requirement

TCPAWorld reported that Enterprise Communications Advocacy Coalition formally asked the Federal Communications Commission (FCC) to “correct” an apparently unintentional expansion of prior express written consent requirements when the agency recently codified certain Telephone Consumer Protection Act (TCPA) exemptions for informational prerecorded or artificial voice calls to residential lines (https://tcpaworld.com/2021/03/21/formal-petition-to-correct-exemptions-consent-requirement/)

The FCC now has received a second formal request on the same issue. The Petition For Partial Reconsideration of ACA International, the Edison Electric Institute, the Cargo Airline Association, and the American Association of Healthcare Administrative Management (Petition for Reconsideration – TCPA Exemptions Order (3-29-2021).pdf)

includes the following four requests:

  • First, to ensure that consumers can continue to receive the important informational calls that they have requested and consented to receive about their utility service, financial accounts, package deliveries, and healthcare, the Commission should promptly issue an Erratum correcting its codification of 47 C.F.R. § 64.1200(a)(3), which as drafted would inadvertently require ‘prior express written consent’ for certain informational prerecorded calls placed to residential landlines.”

  • Second, the Commission should continue to recognize the different safety, physical and financial health, and other benefits to consumers of informational calls and reconsider its decision to extend its telemarketing opt-out requirements to certain informational prerecorded calls placed to residential landlines.”

  • Third, the Commission should revisit the one-size-fits-all limitation of three calls per 30 days for exempted prerecorded calls to residential landlines, along with certain limited elements of its exemption for package delivery communications to wireless numbers.”

  • Finally, to ensure that utility customers with a landline phone can continue to receive the same outage notifications, safety warnings, and other notifications that their neighbors with wireless phones will receive, the Commission should confirm that its past guidance regarding ‘prior express consent’ in the utilities context under the 2016 EEI Declaratory Ruling applies with equal force to calls placed to residential landlines.”

The FCC released a public notice on March 31 setting the deadlines for oppositions to both reconsideration petitions (April 15) and subsequent replies (April 25) (https://docs.fcc.gov/public/attachments/DOC-371233A1.pdf).

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 96



About this Author

Paul Besozzi Telecommunications Attorney Squire Patton Boggs Washington DC
Senior Partner

Paul Besozzi concentrates his practice in the wireless, broadband and emerging technology areas. His extensive experience of more than 30 years in the telecommunications field includes regulatory, transactional, legislative and litigation matters for clients ranging from wireless service and infrastructure providers to resellers of long-distance service, including cellular, personal communications services, specialized mobile radio, point-to-point microwave, advanced wireless services and other emerging wireless technologies.

Paul represents clients before the federal and state...