ARCHIVED - Telecom Commission Letter - 8662-C131-200408543 - Canadian Marketing Association's Application to Review and Vary Telecom Decision CRTC 2004-35, Review of Telemarketing Rules, dated 21 May 2004
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Our File: 8662-C131-200408543
Ottawa, 18 August 2004
To: Interested Parties to Telecom Public Notice CRTC 2001-34, CRTC seeks public input on telemarketing rules, 5 March 2001
Re: Canadian Marketing Association's Application to Review and Vary Telecom Decision CRTC 2004-35, Review of Telemarketing Rules, dated 21 May 2004
By application dated 6 August 2004, the Canadian Marketing Association (CMA) requested that the Commission review and vary certain portions of Telecom Decision 2004-35, 21 May 2004 (Decision 2004-35) The CMA also requested an interim stay of Decision 2004-35 pending final determination of its review and vary application. In its application the CMA stated that it recognized that some of the new rules have already been implemented and for this reason suggested that it would be more practical to focus the stay on measures that are causing the greatest harm and proving most expensive to implement, namely:
1. the requirement for a unique registration number;
2. the requirement to provide caller identification information and a toll-free number to the first person who answers the telephone prior to ascertaining whether this person is in fact the intended called party;
3. the requirement for a live operator during regular business hours, as opposed to an interactive voice mail system; and
4. the application of Decision 2004-35 to business-to-business telephone solicitations and to calls from businesses to existing customers.
A. Process for Request for Stay
On the matter of the requested stay, respondents may file their Answer to the application for a stay with the Commission, serving copies on all other parties to Telecom Public Notice CRTC 2001-34 (Telecom PN 2001-34), by 31 August 2004. Respondents shall also serve a copy on the Applicant's solicitor by the same date.
CMA may file its Reply with respect to the stay with the Commission, serving a copy on all other parties to Telecom PN 2001-34 by 3 September 2004.
B. Process for Review and Vary Application
On the matter of the review and vary application, respondents may file their Answer with the Commission, serving copies on all other parties to Telecom PN 2001-34, by 7 September 2004. Respondents shall also serve a copy on the Applicant's solicitor by the same date.
CMA may file its Reply with respect to the review and vary application with the Commission, serving a copy on all other parties to Telecom PN 2001-34 by 17 September 2004.
Where a document is to be filed by a specific date, the document must be actually received, not merely mailed, by that date.
Executive Director Telecommunications
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