TITLE 15 - US CODE - CHAPTER 87A - NATIONAL DO-NOT-CALL REGISTRY

15 USC 6151 - National Do-Not-Call Registry

(a) Authority 
The Federal Trade Commission is authorized under section 6102 (a)(3)(A) of this title to implement and enforce a national do-not-call registry.
(b) Ratification 
The do-not-call registry provision of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was promulgated by the Federal Trade Commission, effective March 31, 2003, is ratified.

15 USC 6152 - 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 6102 of this title.
(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[1] 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 persons 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 persons annual period.
(2) Rates 
For each additional area code of data to be accessed during the persons 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 persons 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 persons 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 Commissions 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 CommissionSalaries 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.
[1] So in original. Probably should be “part”.

15 USC 6153 - Federal Communications Commission do-not-call regulations

Not later than 180 days after March 11, 2003, the Federal Communications Commission shall issue a final rule pursuant to the rulemaking proceeding that it began on September 18, 2002, under the Telephone Consumer Protection Act (47 U.S.C. 227 et seq.). In issuing such rule, the Federal Communications Commission shall consult and coordinate with the Federal Trade Commission to maximize consistency with the rule promulgated by the Federal Trade Commission (16 CFR 310.4(b)).

15 USC 6154 - 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 registrys effectiveness; and
(3) the impact of abandoned calls made by predictive dialing devices on do-not-call enforcement.

15 USC 6155 - Prohibition of expiration date

(a) No automatic removal of numbers 
Telephone numbers registered on the national do-not-call registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)) since the establishment of the registry and telephone numbers registered on such registry after March 11, 2003, shall not be removed from such registry except as provided for in subsection (b) or upon the request of the individual to whom the telephone number is assigned.
(b) Removal of invalid, disconnected, and reassigned telephone numbers 
The Federal Trade Commission shall periodically check telephone numbers registered on the national do-not-call registry against national or other appropriate databases and shall remove from such registry those telephone numbers that have been disconnected and reassigned. Nothing in this section prohibits the Federal Trade Commission from removing invalid telephone numbers from the registry at any time.