On Aug. 19, the Federal Communication Commission postponed the target effective date on ‘Do Not Fax’ rules, which would restrict unsolicited fax communications without explicit permission.

The rule would require business organizations and other businesses to obtain written consent from each recipient before transmitting any faxes that are “commercial” in nature. The rule would have taken effect on Aug. 25, but with the extension to Jan. 1, 2005, entities are free to send fax advertisements where there was an “established business relationship” in place, such as with existing customers or association members.

The extension permits entities sending fax advertisements more time to comply with the new rules and obtain written consent and signatures from parties to whom they wish to fax. It will also allow the FCC time to consider any petitions for reconsideration and other filings that may be made on this issue.

The extension keeps in effect, until Jan. 1, 2005, the exemption that allows entities to send unsolicited fax advertisements to individuals and businesses with which they have established business relationships. Until Jan. 1, 2005, those transmitting faxes do not have to obtain the express written consent, including signatures, from recipients with whom they have established business relationships. Regardless of the extension, however, fax transmitters still must obtain prior express permission from fax recipients with whom they do not have established business relationships.

“Many businesses — including associations — rely on faxes to maintain customer relations and offer discounts and other promotions,” said Lawrence Fineran, vice president for regulatory and competition policy, National Association of Manufacturers, Washington, D.C. “The underlying statute took into account existing business relationships for this reason; we now have the time to take another look at the real-world ramifications of this proposal.”

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