NBWA fights FCC regulations on faxing

Modern Brewery Age, August 25, 2003

The National Beer Wholesalers Association (NBWA) has joined the American Society of Association Executives (ASAE) and numerous other trade associations in forming a coalition to petition the Federal Communications Commission's (FCC) new regulations regarding fax communications. The associations frequently communicate with their members using faxes, and fear that the new regs will inhibit this mode of communication.

The coalition recent sent a letter to all members of Congress expressing concern with the new regulations.

On July 3, 2003, the FCC issued a Report and Order, eliminating the prior "established business relationship" language implemented in the 1991 Telephone Consumer Protection Act, and therefore dismissing association membership as being sufficient enough to send a fax that advertises or promotes services. The new regulations are set to take effect August 25, 2003. In more simple terms, under the new rules, certain faxes from a trade association to its members may now violate the law.

"The FCC's new rules regulating fax transmissions are ridiculously burdensome," said NBWA President David Rehr. "NBWA members rely on our prompt dissemination of information. Not only did the FCC fail to seek comment from the business community before implementing these new regulations, it has stepped way outside the box on advocating consumer protection."

The new rules will require associations to obtain signed and written consent from each of its fax recipients--including its members--before commercial faxes can be sent out.

NBWA said it is taking steps to comply with the new regulations, which is utilizing precious Association resources and exploiting member's valuable time.

"These new regulations have a detrimental effect on the way we communicate with our members and could threaten the viability of NBWA to keep its members updated in a timely and efficient manner," continued Rehr. "This new rule is incomprehensible. Aside from wasting valuable non-profit resources complying with the overly burdensome regulations, the FCC is treating trade associations like fly-by-night telemarketers. NBWA is not in the business of telemarketing and disturbing families during dinnertime, and will not remain silent while federal bureaucrats conduct the ultimate power grab. This is one of the stupidest rules I have seen in my 20 years in Washington, D.C."