To require post-date-of-enactment authorization for an established business relationship to a telephone facsimile machine.

1. 1

   Change 1: Strikes “and”

   StrikesPage 2, line 15Printed page

   Struck: and

   Original wording

   On page 2, line 15, strike “and”.

2. 2

   Change 2: Inserts new text on page 2, between lines 15 and 16

   InsertsPrinted page

   Inserted: (ii) the sender obtained the number of the telephone facsimile machine through--

   Inserted: (I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or

   Inserted: (II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution, except that this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before the date of enactment of the Junk Fax Prevention Act of 2005 if the sender possessed the facsimile machine number of the recipient before such date of enactment; and

   Original wording

   On page 2, between lines 15 and 16, insert the following:

3. 3

   Change 3: Rewrites page 2, lines 16–26

   ReplacesPrinted page

   Removes page 2, lines 16–26 of the printed bill. See that page

   Inserted: (iii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements to such telephone facsimile machine that complies with the requirements under paragraph (2)(E); or

   Original wording

   On page 2, strike lines 16 through 26 and insert the following:

4. 4

   Change 4: Replaces “(1)(C)(ii),” with “(1)(C)(iii),”

   ReplacesPage 7, line 17Printed page

   In S. 714 · Reported to Senate

   (e) Authority To Establish Nonprofit Exception.--Section 227(b)(2) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by subsections (c) and (d), is further amended by adding at the end the following:

   "(F) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow professional or trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)(C)([struck: ii][inserted: iii]), except that the Commission may take action under this subparagraph only--

   "(i) by regulation issued after public notice and opportunity for public comment; and

   Original wording

   On page 7, line 17, strike “(1)(C)(ii),” and insert “(1)(C)(iii),”.

5. 5

   Change 5: Replaces “(1)(C)(ii)” with “(1)(C)(iii)”

   ReplacesPage 7, line 25Printed page

   [struck: (1)(C)(ii)][inserted: (1)(C)(iii)]

   Original wording

   On page 7, line 25, strike “(1)(C)(ii)” and insert “(1)(C)(iii)”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed