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Wheeler Circulating Proposed Declaratory Ruling on TCPA, He Tells Latta

FCC Chairman Tom Wheeler circulated a proposed declaratory ruling on a petition from Broadnet “that would, if adopted, clarify whether the TCPA [Telephone Consumer Protection Act] applies to calls made by federal government officials when they are acting in their…

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official capacities,” he told House Communications Subcommittee Vice Chairman Bob Latta, R-Ohio, in a March 16 letter released this week. “It would also address the work of contractors who are acting as agents of the federal government. The draft decision discusses both the meaning of the term ‘person’ in the TCPA and how the Supreme Court’s Campbell-Ewald decision applies to the issues raised by the petitioners before the Commission.” Wheeler said he thinks the FCC should affirm the TCPA doesn’t apply to federal government officials acting in that capacity but that would require a full FCC vote.