Telemarketing Sales Rule; do-not-call registry fees

15 U.S.C. § 6152
in effect
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(a) In generalThe 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 6102 of this title. (b) Annual fees(1) In generalThe 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) ExceptionThe 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 11 So in original. Probably should be “part”. 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 generalThe 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 periodIn 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 generalThe 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) RatesFor 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 2009The dollar amount described in subsection (b) or (c) is the amount to be charged for fiscal year 2009. (B) Fiscal years after 2009For 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) RoundingAny increase under subparagraph (B) shall be rounded to the nearest dollar. (3) Changes less than 1 percentThe Commission shall not adjust the fees under this section if the change in the CPI is less than 1 percent. (4) PublicationNot 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) DefinitionsIn this subsection:(A) CPIThe term “CPI” means the average of the monthly consumer price index (for all urban consumers published by the Department of Labor). (B) Baseline CPIThe term “baseline CPI” means the CPI for the 12-month period ending June 30, 2008. (e) Prohibition against fee sharingNo 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 generalThe 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) LimitationNo amount shall be collected as a fee under this section for any fiscal year except to the extent provided in advance by appropriations Acts.

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