Pay-Per-Call Rule

FEDERAL TRADE COMMISSION

16 CFR Part 308

Pay-Per-Call Rule

AGENCY: Federal Trade Commission.

ACTION: Notice of extension of comment period; change in date for

public workshop; and availability of additional material.

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SUMMARY: The Federal Trade Commission (``the Commission'' or ``FTC'')

has extended the date by which comments must be submitted concerning

the review of its Trade Regulation Rule Pursuant to the Telephone

Disclosure and Dispute Resolution Act of 1992 (``Pay-Per-Call Rule'').

This document informs prospective commenters of the change and sets a

new date of March 10, 1999 for the end of the comment period, and new

dates of May 20 and 21, 1999 for the public workshop. This document

also informs interested parties of typesetting errors in the

Commission's Notice of Proposed Rulemaking (``NPRM'') on the Pay-Per-

Call Rule. Finally, this document informs interested parties that, for

the convenience of the commenters, certain materials that were cited in

the NPRM will now be made available for public inspection at the

address listed below.

DATES: Written comments will be received until the close of business on

March 10, 1999. Notification of interest in participating in the public

workshop must be submitted separately on or before March 10, 1999. The

public workshop will be held at the Federal Trade Commission on May 20

and 21, 1999, from 9:00 a.m. until 5:00 p.m. each day.

ADDRESSES: Six paper copies of each written comment should be submitted

to the Office of the Secretary, Room 159, Federal Trade Commission, 600

Pennsylvania Ave., NW, Washington,

ting in the public

workshop must be submitted separately on or before March 10, 1999. The

public workshop will be held at the Federal Trade Commission on May 20

and 21, 1999, from 9:00 a.m. until 5:00 p.m. each day.

ADDRESSES: Six paper copies of each written comment should be submitted

to the Office of the Secretary, Room 159, Federal Trade Commission, 600

Pennsylvania Ave., NW, Washington,

DC 20580. If possible, comments should also be submitted in electronic

form, pursuant to the instructions contained in the NPRM. Comments

should be identified as ``Pay-Per-Call Rule Review--Comment. FTC File

No. R6111016.'' Notifications of interest in participating in the

public workshop should be addressed to Carole Danielson, Division of

Marketing Practices, Federal Trade Commission, 600 Pennsylvania Ave.,

NW, Washington, DC 20580. Materials cited in the NPRM are available for

public inspection at the FTC's Public Reference Section, Room 130,

Federal Trade Commission, 600 Pennsylvania Ave., NW., Washington, DC

20580.

FOR FURTHER INFORMATION CONTACT:

Adam G. Cohen, (202) 326-3411, Marianne K. Schwanke, (202) 326-3165, or

Carole I. Danielson, (202) 326-3115, Division of Marketing Practices,

Bureau of Consumer Protection, Federal Trade Commission, Washington,

DC.

SUPPLEMENTARY INFORMATION: On October 30, 1998, at 63 FR 58524, the

Commission published a request for comment on its Notice of Proposed

Rulemaking (``NPRM'') regarding proposed amendments to its Pay-Per-Call

Rule. The Pay-Per-Call Rule governs the advertising and operation of

pay-per-call services, and establishes billing dispute procedures for

those services as well as for other telephone-billed purchases. The

comment period is currently scheduled to close on January 8, 1999, and

the public workshop is scheduled for February 25 and 26, 1999

RM'') regarding proposed amendments to its Pay-Per-Call

Rule. The Pay-Per-Call Rule governs the advertising and operation of

pay-per-call services, and establishes billing dispute procedures for

those services as well as for other telephone-billed purchases. The

comment period is currently scheduled to close on January 8, 1999, and

the public workshop is scheduled for February 25 and 26, 1999.

On December 14, 1998, a diverse group representing a broad cross-

section of interests \1\ filed a Joint Request for Extension of Comment

Deadline, in which they requested an extension of the comment period by

thirty (30) days to February 8, 1999. The parties indicated that

additional time was required to prepare thorough, thoughtful responses

to the comprehensive and complex set of proposals contained in the

NPRM. Subsequently, the Commission received two additional requests for

extension; the first also seeking an additional 30 days,\2\ and the

second seeking a 60-day extension of the comment period.\3\

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\1\ The Joint Request signatories include: the American

Association of Retired Persons, the Billing Reform Task Force, the

Coalition to Ensure Responsible Billing, AT&T Corp., the Promotion

Marketing Association, and the Teleservices Industry Association.

\2\ On December 15, 1998, a request for a 30-day extension was

received from the law firm of Kelley Drye & Warren, LLP, on behalf

of Cable & Wireless (West Indies) Ltd.

\3\ The Electronic Commerce Association submitted a request on

behalf of its members, on December 16, 1998, requesting a 60-day

extension of the comment period.

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ember 15, 1998, a request for a 30-day extension was

received from the law firm of Kelley Drye & Warren, LLP, on behalf

of Cable & Wireless (West Indies) Ltd.

\3\ The Electronic Commerce Association submitted a request on

behalf of its members, on December 16, 1998, requesting a 60-day

extension of the comment period.

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The Commission is mindful of the need to resolve this matter

expeditiously. However, the Commission is also aware that the issues

raised by the NPRM are complex and it welcomes as much substantive

input as possible to facilitate its decision-making process.

Accordingly, in order to provide sufficient time for these and other

interested parties to prepare useful comments, the Commission has

decided to extend the deadline for comments by sixty (60) days, until

March 10, 1999. The Commission has likewise rescheduled the public

workshop for May 20 and 21, 1999.

It should be noted that the NPRM as published in the Federal

Register on October 30, 1998, omitted italicization that the Commission

had included in many places throughout the text for emphasis or

organizational clarity. The italics were erroneously removed in the

printing process. An accurate and properly italicized version of the

Commission's NPRM is available in the Commission's Public Reference

room and on the Commission's Web page, at www.ftc.gov. Commenters

wishing to cite to the NPRM, however, should cite to the Federal

Register version of the document.

Finally, for the convenience of interested parties, certain

materials cited in the NPRM will be made available for public

inspection at the FTC's Public Reference Section, Room 130, Federal

Trade Commission, 600 Pennsylvania Ave., NW, Washington, DC 20580.

These materials include, but are not limited to, pleadings and other

filings from Commission and state enforcement actions, as well as

newspaper and magazine articles

of interested parties, certain

materials cited in the NPRM will be made available for public

inspection at the FTC's Public Reference Section, Room 130, Federal

Trade Commission, 600 Pennsylvania Ave., NW, Washington, DC 20580.

These materials include, but are not limited to, pleadings and other

filings from Commission and state enforcement actions, as well as

newspaper and magazine articles. In addition, the Commission may make

available other materials that may be useful to commenters, such as

consumer complaints. The Commission may continue to update these

materials periodically, as appropriate.

List of Subjects in 16 CFR Part 308

Advertising, 900 telephone numbers, Pay-per-call services,

Telephone, Telephone-billed purchases, Toll-free numbers, Trade

practices.

Authority: Pub. L. 102-556, 106 Stat. 4181 (15 U.S.C. 5701, et

seq.); Sec. 701, Pub. L. 104-104, 110 Stat. 56 (1996).

By the direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98-34408 Filed 12-31-98; 8:45 am]

BILLING CODE 6750-01-M