No-fax Regulation Delayed Until '05

In response to petitions from a variety of associations, the Federal Communications Commission has decided to delay its new faxing regulation until Jan. 1, 2005.

WASHINGTON — Associations and other organizations received a reprieve yesterday from strict new federal regulations that would require them to receive permission from their own members before sending faxes.

Responding to petitions from the American Society of Association Executives (ASAE) and many other associations, the Federal Communications Commission has decided to delay enacting its new regulation until Jan. 1, 2005. The regulation was scheduled to go into effect Monday, Aug. 25.

ASAE had argued that the new fax regulation would significantly impede communications between associations and their own members, including the marketing of conventions.

The delayed rule requires organizations to receive signed, written consent from recipients before sending faxes that can be considered commercial in nature. The current rule allows organizations that have an established business relationship with recipients to send faxes without first receiving permission.

"ASAE is gratified that the FCC has issued a stay of the new fax regulations," said ASAE chief executive John H. Graham IV. "Our dialogue with the commission to date has been positive, and we look forward to adding any insight or perspective we can in the ongoing discourse."

In yesterday's decision, the FCC said it wanted to give organizations more time to receive written permission from recipients before the regulation goes into effect. But the commission also held out hope that it might abandon the rule altogether.

"This extension will allow the commission the opportunity to consider any petitions for reconsideration and other filings that may be made on this issue," the commission wrote in its extension order.

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