NCGA
Applauds House Passage of Junk Fax Prevention Act of 2004
(7-22-04)
Passage of the Junk Fax Prevention Act of 2004,
H.R. 4600, in the House of Representatives Tuesday is a significant
step in the right direction, according to the National Corn Growers
Association (NCGA).
“Passage of the junk fax act will lift a logistical
and financial burden from NCGA and its affiliated state associations
by eliminating the Federal Communications Commission’s (FCC)
proposed no-fax rules,” said Mark Garber, chair of NCGA’s
Grower Services Action Team.
Under the FCC proposal, every business, association,
nonprofit organization and charity would be required to obtain prior
written approval from each individual before it sends a commercial
fax. The legislation defines a commercial fax as a document which
involves a request for money such as a payment, donation and/or
event registration.
The Junk Fax Prevention Act of 2004 amends the Communications
Act of 1934 and allows businesses to omit the FCC procedure requiring
the sender to obtain permission from the recipient prior to distribution
of a commercial fax. H.R. 4600 requires a commercial fax to contain
an obvious notice on the first page that the recipient may request
not to be sent any further faxes. According to the legislation this
notice must include the sender’s telephone and fax number,
neither of which can be a pay-per-call number.
It also authorizes the FCC to allow professional
tax-exempt trade associations to send unsolicited advertisements
to their members in furtherance of association purposes.
According to the legislative text, H.R. 4600 reinstates
the “existing business relationship” principle, which
for the last decade allows associations to share information with
officers, state executives, members and industry in a timely manner.
“Now that the House has taken action, it is
important the Senate acts quickly, as some associations and businesses
are pressured to plan for the onerous and expensive task that will
be necessary if the FCC rules take effect on Jan. 1, 2005,”
Garber said.
In addition to the House passing H.R. 4600, the
Senate bills regarding junk faxes, S. 2569 and S. 2603, have been
referred to the Committee on Commerce, Science, and Transportation.
NCGA has sent letters to both the House and Senate Committees on
Energy and Commerce voicing the need for changes to the FCC proposed
no-fax rule, concerned that it would put a financial burden on non-profit
associations in the United States.
To learn more about the legislation, click
here.