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 person’s 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 person’s annual period.
(2) Rates
For each additional area code of data to be accessed during the person’s 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 person’s 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 person’s 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
Terms Used In 15 USC 6152
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
No person may enter into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission’s 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 Commission—Salaries 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.