Administrative Procedure -- 2005



National Association of Manufacturers v. FCC   (D.C. Court of Appeals)

Facsimile Advertisement Rules Petition for Reconsideration

The NAM and 7 other business associations petitioned the Federal Communications Commission 8/25/03 to reconsider the new "do not fax" rules. Business objections helped convince the FCC to begin a limited reconsideration of the review on 8/18, and to extend the effective date of the fax provisions until Jan. 1, 2005. Our petition pointed out that affected parties were not given adequate notice of the proposed rule change, that the record was inadequate to support the change, that there would be dramatic effects on our associations and our members, that the rule did not properly address potential costs as required by the Regulatory Flexibility Act of 1980, that the FCC exceeded its statutory authority to require written consent to send faxes and that the rule violated First Amendment free speech rights. The FCC failed to act on this petition, but passage of the Junk Fax Prevention Act of 2005 solved many of the compliance problems identified in our petition.