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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations consumers pursuant to one of the exemptions carved out from the Commissions rules.
E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 39. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives among others: 1 The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; 2 the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; 3 the use of performance, rather than design, standards; and 4 an exemption from coverage of the rule, or any part thereof, for small entities.
40. The Commission considered feedback in response to the NPRM in crafting the final order. The Commission evaluated the comments with the goal of removing regulatory roadblocks and giving industry the flexibility to continue to make calls pursuant to any exemption previously carved out by the Commission while still protecting the interests of consumers who do not want to receive unlimited calls from such entities and allowing consumers to opt out of future calls from such entities.
For example, the Commission retained all existing exemptions for calls to residential numbers, concluding that such exemptions satisfy the TRACED
Acts requirements regarding the classes of parties that may make such calls and the classes of parties that may be called.
The Commission also considered the benefits to consumers of adopting a numerical limit on the number of calls made to them and weighed those benefits against the costs to entities to ensure they make no more than three calls per 30-day period to each residential number and allow consumers to opt out of future calls. The Commission concluded that such conditions fulfilled the TRACED Acts directive that any exemption contain requirements with respect to the number of calls that may be made to any particular number. While entities that are exempted under the rules will need to keep internal records to ensure they do not call residential consumers more than three times within any consecutive 30-day period and avoid calling those consumers who have made a do-not-call request altogether, the Commission did not require that any records of compliance with these requirements be routinely reported to the Commission.

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41. In response to comments on the timing necessary for entities that currently take advantage of exemptions from the TCPA to implement any new limitations on such exemptions, the Report and Order delays implementation of the new three-callper-30-day period or three calls per week for HIPAA calls and opt-out requirements for six months. Thus, the rules will not become effective until six months from the date of publication in the Federal Register of OMB approval of the information collection requirements associated with the new rules. This delay considers the potential compliance costs for small businesses that several commenters argued would result from the need to implement new procedures to comply with the do-notcall requirements. Small businesses may avoid any additional compliance costs entirely by declining to make such calls unless they first obtain prior express consent from consumers.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and recordkeeping requirements, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch, Secretary, Office of the Secretary.

Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 part 64 as follows:
PART 64MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:

Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225, 226, 227, 227b, 228, 251a, 251e, 254k, 262, 403b2B, c, 616, 620, 14011473, unless otherwise noted;
Pub. L. 115141, Div. P, sec. 503, 132 Stat.
348, 1091.

2. Amend 64.1200 by revising paragraph a1iv and adding paragraph a9 to read as follows:

64.1200

Delivery Restrictions.

a
1
iv A person will not be liable for violating the prohibition in paragraph a1iii of this section when the call is placed to a wireless number that has been ported from wireline service and such call is a voice call; not knowingly made to a wireless number; and made within 15 days of the porting of the number from wireline to wireless service, provided the number is not
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already on the national do-not-call registry or callers company-specific donot-call list. A person will not be liable for violating the prohibition in paragraph a1iii of this section when making calls exempted by paragraph a9 of this section.

9 A person will not be liable for violating the prohibition in paragraph a1iii of this section for making any call exempted in this paragraph a9, provided that the call is not charged to the called person or counted against the called persons plan limits on minutes or texts. As used in this paragraph a9, the term call includes a text message, including a short message service SMS
call.
i Calls made by a package delivery company to notify a consumer about a package delivery, provided that all of the following conditions are met:
A The notification must be sent only to the telephone number for the package recipient;
B The notification must identify the name of the package delivery company and include contact information for the package delivery company;
C The notification must not include any telemarketing, solicitation, or advertising content;
D The voice call or text message notification must be concise, generally one minute or less in length for voice calls or 160 characters or less in length for text messages;
E The package delivery company shall send only one notification whether by voice call or text message per package, except that one additional notification may be sent for each attempt to deliver the package, up to two attempts, if the recipients signature is required for the package and the recipient was not available to sign for the package on the previous delivery attempt;
F The package delivery company must offer package recipients the ability to opt out of receiving future delivery notification calls and messages and must honor an opt-out request within a reasonable time from the date such request is made, not to exceed 30 days;
and, G Each notification must include information on how to opt out of future delivery notifications; voice call notifications that could be answered by a live person must include an automated, interactive voiceand/or key press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call; voice call notifications that could be answered by an answering machine
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