Curb on Phone, Fax ‘Junk Mail’ OKd by House

Responding to public protest over high tech “junk mail,” the House on Monday approved a bill to allow telephone customers to block unsolicited computer-generated sales pitches and to keep advertising off their fax machines.

The measure, passed by voice vote, was sent to the Senate, where similar legislation may be passed before Congress adjourns this fall. The legislation is opposed by the Bush Administration as an overly drastic remedy for a “small number of complaints,” although it has not issued a veto threat.

Hospitals, police and fire departments and citizens have demanded action to stop the tie-up of their phones by commercial messages that refuse to quit even when the recipient hangs up the receiver.

However, telemarketing firms contend that only a few unprincipled operators are responsible for abuses and oppose legislation as a restriction on their right to communicate with potential customers.

If enacted, the restrictions could affect as many as 7 million automatically dialed telephone commercials each day.

The House bill would require the Federal Communications Commission to establish a national list of telephone customers who object to receiving recorded commercials on their phones or advertising on their fax machines. Telemarketing firms then would have to obtain the lists, at their own expense, and would be barred from sending messages to numbers on it. Telephone solicitation of those who did not put their name on the list would not be prohibited, unless they have an unlisted number.

The measure would also ban computer-generated calls to public safety agencies, cellular phones and paging devices.

Automatically dialed calls on behalf of political and charitable organizations would be exempted from the proposed restrictions.

“It’s the toughest possible bill we could pass,” said Rep. Edward J. Markey (D-Mass.), chief sponsor of the measure.

“Many consumers complain bitterly that, when (the phone) rings to deliver unsolicited advertising, it is invading their privacy,” he added. “This legislation empowers consumers and businesses with the ability to ‘just say no.’ ”

Legislatures in 27 states have considered or passed restrictions on automatic dialing of commercials used by more than 180,000 business firms to solicit customers. And at least two states recently have approved laws to forbid unsolicited ads over fax machines.

California has no law governing transmission of unsolicited material over fax machines. Gov. George Deukmejian vetoed a bill passed by the Legislature last year that would have made the practice illegal.

Many of the nation’s estimated 2 million fax machine owners have been inundated with increasing numbers of unsolicited ads, known as “junk fax.” Recipients are forced to underwrite the cost of the advertisements through machine time and paper. The unwanted ads often tie up fax machines needed to receive materials that the fax owners do want.

“Businesses dependent on the fax machine to carry vital information have come to decry unsolicited advertising that results in costs to and interference with business activities,” Markey said.

The House Energy and Commerce Committee, which recommended the federal legislation, said that telemarketing firms were able to avoid state laws by routing their calls over interstate long-distance lines outside the scope of state regulation.

The Bush Administration said that the FCC and the states already have adequate authority to address complaints about “junk fax” and unsolicited telephone ads. Compiling a list of persons who object to those practices would impose “substantial costs and burdens,” according to a statement of Administration policy made public by the Office of Management and Budget.

“It has not been demonstrated that less drastic administrative remedies are insufficient,” the Administration statement said.