On December 4, 2007, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking proposing to remove the current five-year registration period for telephone numbers on the National Do-Not-Call Registry. Instead, telemarketers would be required to honor registrations until they are (1) cancelled by the consumer, or (2) removed by the Registry administrator due to a disconnection or reassignment of the telephone number. The FCC's proposed rules are consistent with the Federal Trade Commission’s recent indication that it will not remove telephone numbers from the Registry at the end of the five-year period while congressional or agency action on the subject remains pending. The FCC’s proposed rules also are consistent with recently introduced legislation that would amend the provisions of the Do-Not-Call Implementation Act regarding the automatic expiration of telephone number registrations.

The comment and reply comment deadlines for the proposed rules have not yet been set, but we expect initial comments to be due in early 2008, with reply comments due soon thereafter.