Page:United States Statutes at Large Volume 119.djvu/378

 119 STAT. 360

PUBLIC LAW 109–21—JULY 9, 2005

complies with the requirements under paragraph (2)(E); or’’. (b) DEFINITION OF ESTABLISHED BUSINESS RELATIONSHIP.—Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ‘‘(2) The term ‘established business relationship’, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003, except that— ‘‘(A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and ‘‘(B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)).’’. (c) REQUIRED NOTICE OF OPT-OUT OPPORTUNITY.—Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)) is amended— (1) in subparagraph (B), by striking ‘‘and’’ at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ‘‘(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this subparagraph only if— ‘‘(i) the notice is clear and conspicuous and on the first page of the unsolicited advertisement; ‘‘(ii) the notice states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to a telephone facsimile machine or machines and that failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under subparagraph (E) is unlawful; ‘‘(iii) the notice sets forth the requirements for a request under subparagraph (E); ‘‘(iv) the notice includes— ‘‘(I) a domestic contact telephone and facsimile machine number for the recipient to transmit such a request to the sender; and ‘‘(II) a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the unsolicited advertisement; the Commission shall by rule require the sender to provide such a mechanism and may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, exempt certain classes of small business senders, but only if the Commission determines that the costs to such class are unduly burdensome given the revenues generated by such small businesses;

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