FCC TO PROCEED WITH DO-NOT-CALL

Telemarketing Group Looks to Win Another Court Order

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CHICAGO (AdAge.com) -- The Federal Communications Commission today said it will enforce the national do-not-call telemarketing list on Oct. 1, triggering a race to the U.S. Supreme Court by the American Telemarketing Services Association to win a court order blocking the FCC from acting.

The FCC is moving ahead on the do-not-call

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program while the Federal Trade Commission is blocked from doing so by two other court orders. The two agencies share authority over the program.

Supreme Court Justice Stephen Breyer today refused to interfere with the U.S. circuit court of appeals decision last week that let the FCC proceed to enforce the do-not-call rules. Telemarketers can renew their request with another justice later this week.

The U.S. circuit court of appeals in Denver last Friday had refused to halt the FCC from acting while the ATA pursued its legal challenge to the program. The previous day, however, a U.S. district court judge in Denver, in a case involving the FTC, barred it from enforcing the do-not-call rules because they represented impermissible government interference with speech that violated the First Amendment.

President Bush today was to sign legislation rushed through Congress last week to address the other court order against the FTC's program. In that case, a U.S. district court judge in Oklahoma City ruled Congress had not properly authorized the FTC to run the do-not-call program.

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