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.
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  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.
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.
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.
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.
In this subsection:
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
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.
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.
2008—Pub. L. 110–188amended section generally. Prior to amendment, text read as follows: “The Federal Trade Commission may promulgate regulations establishing fees sufficient to implement and enforce the provisions relating to the ‘do-not-call’ registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)), promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.). Such regulations shall be promulgated in accordance with section
553 of title
5, United States Code. Fees may be collected pursuant to this section for fiscal years 2003 through 2007, and shall be deposited and credited as offsetting collections to the account, Federal Trade Commission—Salaries and Expenses, and shall remain available until expended. No amounts shall be collected as fees pursuant to this section for such fiscal years except to the extent provided in advance in appropriations Acts. Such amounts shall be available for expenditure only to offset the costs of activities and services related to the implementation and enforcement of the Telemarketing Sales Rule, and other activities resulting from such implementation and enforcement.”
Pub. L. 110–188, § 4,Feb. 15, 2008, 122 Stat. 637, provided that: “The Federal Trade Commission may issue rules, in accordance with section
553 of title
5, United States Code, as necessary and appropriate to carry out the amendments to the Do-Not-Call Implementation Act (15 U.S.C. 6101 note) [now this chapter] made by this Act [amending this section and section
6154 of this title].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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