FCC Extends Deadline on New Fax Regulations
August 2003

August 18, 2003 – By now, many of you are familiar with the Federal Communications Commission (FCC)’s July 3rd Report and Order announcement that they would be revising many of their telemarketing and fax communication rules. These revisions include a significant change regarding the legality of fax communications that were set to become effective on August 25. Under the new regulations, so-called “promotional” faxes may only be distributed to recipients who have provided their express, written and signed consent.

Earlier today, the FCC released a reconsideration of the fax portion of the July 3rd Report and Order postponing the effective date until January 1, 2005. This means that current regulations will be effective until then. Here is an excerpt from the FCC’s website, updated today:

1. On July 3, 2003, the Federal Communications Commission (Commission) released a Report and Order revising many of its telemarketing and facsimile advertising rules pursuant to the Telephone Consumer Protection Act of 1991 (TCPA). Pursuant to Section 1.108 of the Commission's rules, on our own motion, we issue this limited reconsideration of the Report and Order and extend, until January 1, 2005, the effective date of our determination that an established business relationship will no longer be sufficient to show that an individual or business has given express permission to receive unsolicited facsimile advertisements.

This reconsideration was in response to considerable pressure from many organizations and businesses that claim the FCC’s revised regulations are too narrowly defined. The FCC has stated that they will use the extra time to consider the scope of the revision and amend it if necessary. To read the complete text of the FCC reconsideration, please visit http://www.fcc.gov.

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