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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations as the discussion on the timeframe and effective date for implementing mechanisms to comply with these requirements.
21. Opt-Out Requirement. The Commission also requires callers to allow recipients of artificial and prerecorded voice message calls made pursuant to the HIPAA exemption to opt out of such calls using either of the optout mechanisms described in the Commissions rules. The Commission incorporates by reference the analysis relating to the adoption of an opt-out mechanism for non-commercial calls to residential telephone numbers.
5. Implementation and Effective Date 22. The Commission recognizes that implementation of the numerical limits and opt-out requirements may present some burdens to callers and therefore establishes a six-month period to do so before the new requirements take effect.
23. The technology needed for compliance with the Commissions optout requirements is commonplace and easily accessible; the Commissions rules have required certain callers to utilize the available tools and equipment since 2012. Therefore, based on a review of the record and these considerations, the appropriate time for implementation of these amended rules is six months. The requirements that callers comply with a three-call limit within any consecutive 30-day period, and the HIPAA exemption restriction of one call per day up to three calls per week, and opt-out requests from consumers implicate the PRA. Thus, the six-month period before compliance is required will commence upon publication in the Federal Register of OMB approval of the rules.
C. Section 227b2C Exemptions 1. Package Delivery Calls to a Wireless Number 24. The Commission has exempted package delivery calls to wireless consumers subject to several conditions.
See Cargo Airline Association Petition for Expedited Declaratory Ruling, CG
Docket No. 02278, Order, published at 80 FR 15688, March 25, 2015. The record shows that the exemption continues to serve the public interest and that the conditions on such calls satisfy section 8 of the TRACED Act. As a result, the Commission concludes that no further action is required to bring this exemption into compliance with section 8 of the TRACED Act.
2. Financial Institution Calls to a Wireless Number 25. The Commission has exempted calls made by financial institutions to
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wireless consumers subject to several conditions. See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No.
02278, WC Docket No. 07135, Declaratory Ruling and Order, published at 80 FR 61129, October 9, 2015. The Commission noted that calls by financial institutions regarding fraudulent transactions, security data breaches, and identity theft are intended to address exigent circumstances in which a quick, timely communication with a consumer could prevent considerable consumer harms.
This exemption has been in place for five years, and the Commission finds that it remains in the public interest and that the conditions on such calls satisfy section 8 of the TRACED Act. As a result, the Commission concludes that no further action is required to bring this exemption into compliance with section 8 of the TRACED Act.
3. Healthcare Provider Calls to a Wireless Number 26. The Commission has exempted certain healthcare provider calls to wireless consumers subject to several conditions. See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No.
02278, WC Docket No. 07135, Declaratory Ruling and Order, published at 80 FR 61129, October 9, 2015. The Commission found that calls for which there is an exigency and that have a healthcare treatment purpose such as appointment and exam confirmations and reminders, wellness checkups, hospital pre-registration instructions, lab results, prescription notifications, and home healthcare instructions provide vital, time-sensitive information patients welcome, expect, and often rely on to make informed decisions. This exemption has been in place for five years, and the Commission finds that it remains in the public interest and that the conditions on such calls satisfy section 8 of the TRACED
Act. The Commission concludes that no further action is required to bring this exemption into compliance with section 8 of the TRACED Act.
4. Inmate Calling Service Calls to a Wireless Number 27. The Commission has exempted calls from inmate phone service providers subject to several conditions.
See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No.
02278, WC Docket No. 07135, Declaratory Ruling and Order, published at 80 FR 61129, October 9, 2015. The Commission found such calls
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to be beneficial, provided they do not include any telemarketing and are solely intended to arrange for the billing of a specific collect call that an inmate caller has already attempted to initiate. This exemption has been in place for five years, and the Commission finds that it remains in the public interest and that the conditions on such calls satisfy section 8 of the TRACED Act. As a result, the Commission concludes that no further action is required to bring this exemption into compliance with section 8 of the TRACED Act.
D. Additional Matters 28. Several commenters request amendments to various TCPA
exemptions for reasons that extend beyond the scope of section 8. To the extent that there are open proceedings on related subject matters, the Commission encourages these parties to direct their comments to those proceedings.
Final Regulatory Flexibility Analysis 29. As required by the Regulatory Flexibility Act of 1980, as amended, RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in the notice of proposed rulemaking NPRM
in this docket, published at 85 FR
64091, October 9, 2020. The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. The Final Regulatory Flexibility Analysis FRFA conforms to the RFA.
A. Need for, and Objectives of, the Report and Order 30. In the Report and Order, the Commission takes action to implement section 8 of the TRACED Act, to ensure that any exemption adopted pursuant to sections 227b2B and C of the TCPA contains requirements for: 1 The classes of parties that may make such calls; 2 the classes of parties that may be called; and 3 the number of such calls that may be made to a particular called party.
31. The TRACED Act requires the Commission, no later than December 30, 2020, to prescribe such regulations or amend such existing regulations, as necessary to ensure that any such exemption issued under sections 227b2B or C of the TCPA contains each requirement listed in section 8a of the TRACED Act. Section 8b of the TRACED Act provides that to the extent such an exemption contains such a requirement before such date of enactment, nothing in this section or the amendments made by this section shall be construed to require the Commission
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