From: Anonymous <mg5n+eartdjp7xy633zeul7cwkz3c6zly7n1l98k233yemu0@andrew.cmu.edu>
Date: Mon, 9 May 94 05:19:11 PDT
To: mg5n+anz3ajg8o1yxicqzt6v6qgpg3tkhddpqw3jl@andrew.cmu.edu (Cypher Punks)
Subject: Anonymous Faxes Illegal (Re: legal rqmt for FAX return phone #)
Message-ID: <Added.4hnWcr600Uda0Bik5O@andrew.cmu.edu>
MIME-Version: 1.0
Content-Type: text/plain


> I thought I heard somewhere that it was illegal to send
> anonymous faxes -- namely, that there was some regulation

===== Excerpted from FCC January 11, 1993 Public Notice =====

FEDERAL COMMUNICATIONS COMMISSION
PUBLIC NOTICE (31291 / DA 92-1716) January 11, 1993
INDUSTRY BULLETIN -- TELEPHONE CONSUMER PROTECTION ACT

TELEPHONE SOLICITATIONS, AUTODIALED AND ARTIFICIAL OR PRERECORDED
VOICE MESSAGE TELEPHONE CALLS, AND THE USE OF FACSIMILE MACHINES
                               ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

[...]

*** [Lots of Q&A's Deleted] ***

WHAT OTHER REQUIREMENTS APPLY TO THE USE OR MANUFACTURE OF TELEPHONE
FACSIMILE MACHINES?

FCC rules require that each transmission to a telephone facsimile
machine must clearly contain, in a margin at the top or bottom of each
transmitted page or on the first page of the transmission, (1) the
date and time the transmission is sent (2) the identity of the ender
and (3) the telephone number of the sender or of the sending machine.
All telephone facsimile machines manufactured on or after December 20,
1992 must have the capacity to clearly mark such identifying
information on the first page or on each page of the transmission.

WHO IS RESPONSIBLE FOR COMPLIANCE WITH FCC RULES ON TELEPHONE
FACSIMILE TRANSMISSIONS?

The person on whose behalf a facsimile transmission is sent will
ultimately be held liable for violations of the TCPA or FCC rules.

*** [More Q&A's Deleted] ***

===== Partial Text of FCC January 13, 1993 Public Notice =====

FEDERAL COMMUNICATIONS COMMISSION PUBLIC NOTICE (31328) January 13,
1993 PART 68 IMPLEMENTATION OF TELEPHONE CONSUMER PROTECTION ACT

FCC Docket No. 92-90, released October 16, 1992, became effective on
December 20, 1992. For Part 68 requirements, see 47 C.F.R. sec.
68.318(c)(2) and (c)(3).

[...]
Form 730 Customer Instructions: The following information must be
provided in Exhibit J of the Form 730 application and in instructions
furnished the customer as provided in the following example:

The Telephone Consumer Protection Act of 1991 makes it unlawful for
any person to use a computer or other electronic device to send any
message via a telephone fax machine unless such message clearly
contains in a margin at the top or bottom of each transmitted page or
on the first page of the transmission, the date and time it is sent
and an identification of the business or other entity, or other
individual sending the message and the telephone number of the sending
machine or such business, other entity, or individual.

In order to program this information into your fax machine, you should
complete the following steps. Insert here instructions for programming
the equipment and the required information or the page where it can be
found. The fax branding procedure outlined above will be used only for
fax machines and not for fax cards used in computers pending
reconsideration proceedings.  FCC Contact: William von Alven (202) 634
1833


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