Page:United States Statutes at Large Volume 105 Part 3.djvu/511

 PUBLIC LAW 102-243—DEC. 20, 1991 105 STAT. 2395 situation affecting the health and safety of the consumer, is the only effective means of protecting telephone consumers from this nuisance and privacy invasion. (13) While the evidence presented to the Congress indicates that automated or prerecorded calls are a nuisance and an invasion of privacy, regardless of the type of call, the Federal Communications Commission should have the flexibility to design different rules for those types of automated or prerecorded calls that it finds are nbt considered a nuisance or invasion of privacy, or for noncommercial calls, consistent with the free speech protections embodied in the First Amendment of the Constitution. (14) Businesses also have complained to the Congress and the Federal (Communications Commission that automated or prerecorded telephone calls are a nuisance, are an invasion of privacy, and interfere with interstate commerce. (15) The Federal Communications Commission should consider adopting reasonable restrictions on automated or prerecorded calls to businesses as well as to the home, consistent with the constitutional protections of free speech. SEC. 3. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT. (a) AMENDMENT.— Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: "SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT. 47 USC 227. "(a) DEFINITIONS. —As used in this section— "(1) The term 'automatic telephone dialing system' means equipment which has the capacity— "(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and "(B) to dial such numbers. "(2) The term 'telephone facsimile machine' means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. "(3) The term 'telephone solicitation' means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person's prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. "(4) The term unsolicited advertisement' means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. " (b) RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIP- MENT,— "(1) PROHIBITIONS.— It shall be unlawful for any person within the United States— "(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of

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