ARCHIVED - Telecom Commission Letter - 8665-C12-200711756
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LetterOttawa, 22 May 2008 (amended on 20 October 2008) File Nos.: 8665-C12-200711756 and 8665-C12-200601626 Via email To: Interested Parties to Delegation of the Commission's investigative powers with regard to Unsolicited Telecommunications Rules complaints, Telecom Decision CRTC 2008-6, 28 January 2008 (Decision 2008-6) and Unsolicited Telecommunications Rules framework and the National Do Not Call List, Telecom Decision CRTC 2007-48, 3 July 2007 (Decision 2007-48) Re: Amendment to the Unsolicited Telecommunications Rules regarding fees paid to the Complaints Investigator delegate In Decision 2008-6, as amended by Decision 2008-6-1, 20 October 2008 (Decision 2008-6-1), the Commission decided that the investigation of Unsolicited Telecommunications Rules (the Rules) complaints would be delegated to a third party (the Complaints Investigator delegate). The Commission indicated that it would issue a Request for Proposals (RFP) to determine who that party would be. Upon completion of the RFP process, the Commission was unable to identify an appropriate third party to whom to delegate its investigative powers in relation to unsolicited telecommunications. Therefore, unless and until the Commission advises otherwise, it will undertake the investigation of the Rules complaints itself. In Decision 2008-6-1, the Commission also amended the Rules established in Decision 2007-48 by adding a requirement that all telemarketers and clients of telemarketers, including those exclusively making unsolicited telecommunications that are exempt from the National Do Not Call List (National DNCL) Rules, register with, and provide information to, the National DNCL operator, pay applicable fees that may be charged by the Complaints Investigator delegate, and maintain records on registration and payment. These amendments to the Rules would be effective the date the Complaints Investigator delegate became operational. The Commission also adopted a rule clarifying that the Telemarketing and ADAD Rules apply to all telemarketers, including those exclusively making telecommunications that are exempt from the National DNCL Rules. The Commission is of the view that the amendments to the Rules requiring all telemarketers and clients of telemarketers, including those exclusively making unsolicited telecommunications that are exempt from the National DNCL Rules, to register with, and provide information to the National DNCL operator, and to maintain records of said registration, should become effective regardless of whether there is a Complaints Investigator delegate. As the Commission noted in Decision 2008-6-1, a critical component of an enforcement regime is to ensure that contact information for all telemarketers and clients of telemarketers, including those solely making exempt unsolicited telecommunications, is readily accessible. The Commission considers that this rationale applies whether investigations are undertaken by a Complaints Investigator delegate or by the Commission itself. In light of the Commission's determination to undertake the investigation of the Rules itself, all references to fees to the Complaints Investigator delegate and records relating to such fees in Decision 2008-6-1 are hereby suspended until further notice. Paragraphs 35, 36, 37, 38, and 42 of Decision 2008-6-1, as well as amendments made to the Rules in the Appendix to Decision 2008-6-1 (Part III, sections 2, 3, and 5) are affected by this determination. The Commission notes that it retains the authority to delegate its investigative powers at a later date. Accordingly, the Commission determines that the amendments to the Rules regarding registration and the provision of information to the National DNCL operator, the maintenance of records of said registration, and the clarifying amendments regarding the application of the Rules will become effective on September 30, 2008, the date the National DNCL operator become operational. Yours sincerely, 'Original signed by' Robert A. Morin, |
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