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of the telephone call or on the basis of the purchase or rental of, or investment restriction because the location is at city
the subscriber’s inquiry or application in, property, goods, or services, which is reference coordinates. SUPPLEMENTARY
regarding products or services offered transmitted to any person. INFORMATION, infra.
by the entity within the three months (11) The term telephone facsimile DATES: Effective May 22, 2006. The
immediately preceding the date of the machine means equipment which has window period for filing applications
call, which relationship has not been the capacity to transcribe text or images, for these allotments will not be opened
previously terminated by either party. or both, from paper into an electronic at this time. Instead, the issue of
(i) The subscriber’s seller-specific do- signal and to transmit that signal over a opening these allotments for auction
not-call request, as set forth in regular telephone line, or to transcribe will be addressed by the Commission in
paragraph (d)(3) of this section, text or images (or both) from an a subsequent order.
terminates an established business electronic signal received over a regular
relationship for purposes of ADDRESSES: Federal Communications
telephone line onto paper.
telemarketing and telephone solicitation (12) The term telephone solicitation Commission, 445 Twelfth Street, SW.,
even if the subscriber continues to do means the initiation of a telephone call Washington, DC 20554.
business with the seller. or message for the purpose of FOR FURTHER INFORMATION CONTACT:
(ii) The subscriber’s established encouraging the purchase or rental of, or Rolanda F. Smith, Media Bureau, (202)
business relationship with a particular investment in, property, goods, or 418–2180.
business entity does not extend to services, which is transmitted to any SUPPLEMENTARY INFORMATION: This is a
affiliated entities unless the subscriber person, but such term does not include synopsis of the Commission’s Report
would reasonably expect them to be a call or message: and Order, MB Docket Nos. 05–100 and
included given the nature and type of (i) To any person with that person’s 05–153, adopted April 5, 2006 and
goods or services offered by the affiliate prior express invitation or permission; released April 7, 2006. The full text of
and the identity of the affiliate. (ii) To any person with whom the this Commission decision is available
(5) The term established business caller has an established business for inspection and copying during
relationship for purposes of paragraph relationship; or regular business hours at the FCC’s
(a)(3) of this section on the sending of (iii) By or on behalf of a tax-exempt Reference Information Center, Portals II,
facsimile advertisements means a prior nonprofit organization. 445 Twelfth Street, SW., Room CY–
or existing relationship formed by a (13) The term unsolicited A257, Washington, DC 20554. The
voluntary two-way communication advertisement means any material complete text of this decision may also
between a person or entity and a advertising the commercial availability be purchased from the Commission’s
business or residential subscriber with or quality of any property, goods, or duplicating contractor, Best Copy and
or without an exchange of services which is transmitted to any Printing, Inc., 445 12th Street, SW.,
consideration, on the basis of an person without that person’s prior Room CY–B402, Washington, DC,
inquiry, application, purchase or express invitation or permission, in 20054, telephone 1–800–378–3160 or
transaction by the business or writing or otherwise. http://www.BCPIWEB.com. The
residential subscriber regarding (14) The term personal relationship Commission will send a copy of this
products or services offered by such means any family member, friend, or Report and Order in a report to be sent
person or entity, which relationship has acquaintance of the telemarketer making to Congress and the Government
not been previously terminated by the call. Accountability Office pursuant to the
either party. * * * * * Congressional Review Act, see 5 U.S.C.
(6) The term facsimile broadcaster [FR Doc. 06–4169 Filed 5–2–06; 8:45 am] 801(a)(1)(A).
means a person or entity that transmits
BILLING CODE 6712–01–P The Audio Division, at the request of
messages to telephone facsimile
Dana J. Puopolo, allots Channel 289A at
machines on behalf of another person or
Steamboat Springs, Colorado, as the
entity for a fee. FEDERAL COMMUNICATIONS
(7) The term seller means the person community’s third FM commercial
COMMISSION broadcast service. The reference
or entity on whose behalf a telephone
call or message is initiated for the coordinates for Channel 289A at
47 CFR Part 73 Steamboat Springs are 40–30–00 North
purpose of encouraging the purchase or
rental of, or investment in, property, [DA 06–794; MB Docket No. 05–100, RM– Latitude and 106–54–00 West
goods, or services, which is transmitted 11181; MB Docket No. 05–153, RM–11223] Longitude. The allotment requires a site
to any person. restriction of 6.1 kilometers (3.8 miles)
Radio Broadcasting Services; Encino, west of the community to avoid a short-
(8) The term sender for purposes of
TX; and Steamboat Springs, CO spacing to the licensed site of FM
paragraph (a)(3) of this section means
the person or entity on whose behalf a AGENCY: Federal Communications Station KJAC, Channel 288C1, Timnath,
facsimile unsolicited advertisement is Commission. Colorado.
sent or whose goods or services are ACTION: Final rule. List of Subjects in 47 CFR Part 73
advertised or promoted in the
unsolicited advertisement. SUMMARY: This document allots two new Radio, Radio broadcasting.
(9) The term telemarketer means the allotments in Encino, Texas and ■ The Federal Communications
person or entity that initiates a Steamboat Springs, Colorado. The Commission amends 47 CFR part 73 as
telephone call or message for the Audio Division, at the request of Linda follows:
purpose of encouraging the purchase or Crawford, allots Channel 250A at
rental of, or investment in, property, Encino, Texas, as the community’s PART 73—RADIO BROADCAST
sroberts on PROD1PC70 with RULES
goods, or services, which is transmitted second local aural transmission service. SERVICES
to any person. The reference coordinates for Channel
(10) The term telemarketing means 250A at Encino are 26–56–09 North ■ 1. The authority citation for part 73
the initiation of a telephone call or Latitude and 98–08–06 West Longitude. continues to read as follows:
message for the purpose of encouraging The allotment requires no site Authority: 47 U.S.C. 154, 303, 334, 336.
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25980 Federal Register / Vol. 71, No. 85 / Wednesday, May 3, 2006 / Rules and Regulations
complete text of this decision may also 38–52–29 NL and 95–58–05 WL.
be purchased from the Commission’s DATES: Effective May 30, 2006.
AGENCY: Federal Communications
duplicating contractor, Best Copy and ADDRESSES: Federal Communications Commission.
Printing, Inc., 445 12th Street, SW., Commission, 445 Twelfth Street, SW.,
ACTION: Final rule.
Room CY–B402, Washington, DC, Washington, DC 20554.
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