Saint Joseph’s Prep
Philadelphia,
PA
Telecommunications Regulations
Teacher: Mr. Conners
Thomas Smith
11th grade
We receive numerous phone calls everyday and usually, for the most part, they are legit. Although, every now and then we pick to the receiver to hear after a few seconds of silence then a random voice we are unfamiliar with, or some cheesy recording of a seemingly gentle voice. These are telephone solicitation calls. Unaware to us is the fact that these “gentle” voices are costing us money. In some cases many a penny.
Junk telephone calls are an unhappy-and even larger fact of American life. More than 13 billion catalogues from 8,000 firms flooded through doors or into mailboxes last year (1989). 1 Such calls can become a menace when trying to get things finished or they are just plain annoying.
The purpose of these calls are not a friendly chat with a chum of yours but they are to rip people off and get their money and trick them in to purchasing items with out us knowing. How is this possible? The ones behind these calls are quite intelligent. They are sometimes workers for the companies trying to promote their product. In some cases of these calls sequential dialers are used to hit every number within a specific area code.2
Regulations are passed for almost anything. Whether they are legit or not is to be seen, I would venture to say that the government does put to much thought into regulating. Regulations are pretty much every where we go, to the park, to the store, to school; they are all over the place. I do believe that regulations are needed. Otherwise the entire country and state would become out of hand with overwhelming amounts of theft and just ordinary misconduct. Although our crime rate is extremely high as it is if there weren’t any regulations than I think our society would go to nothing. Many regulations are used in the protection of people (in some cases) and the conservation of types of forests and the prevention of waste disposal and in the protection of endangered animals. These are jus a few but if something seems like it would necessitate a regulation, chances are that its probably does have one.
Being a rule-biding citizen myself I do think some regulations are definitely necessary and proper. The regulation on tobacco and alcohol for minors are very important now a day. But regulations on airborne hunting seem to be ridiculous. A lot of these regulations are also common sense too. If we know that a substance can be harmful or fatal than its obvious that we wouldn’t want to bury it near a community, but just to keep it safe, uncalled-for regulations are made. But these non-legit regulations are going to be inevitable; there are so many extremists out there, which will make for a nation gobbled up by regulations that seem to be non-legit. This is not a bad thing however, because it keeps out nation in line (at least it is supposed to) and possibly prevents things from happening that are very harmful. To be specific it would seem that the legit regulations would fall along the lines of National Defense systems, Education, and Labor regulations. All of these would be of aid to everyone and in return making it a legitimate cause. Such unnecessary ones on NCAA games and The Super Bowl seem ridiculous. Also regulations on body piercing can be a common sense choice, although there are some people out there that don’t have to much common sense I think that they are able to decide over what is right and wrong.
Telephone solicitations are a huge pain to deal with and just getting an unlisted number is not much of a shield.3 Mail fraud promoters use the postal system to try to get money from you by offering something they don't intend to deliver. But a mail fraud scheme doesn't always start through the mail. It can sometimes begin with an unsolicited telephone call.4 This is why we are often tricked into buying such things that we don’t know about. Thus calling for a necessary regulation. There are some legit calls from workers to solicit their business, but some con artists use scripted sales pitch and an onslaught of high-pressure sales tactics to get the people to buy. However, both con artists and legitimate telemarketers sometimes use abusive techniques such as calling people's homes late at night.
To protect consumers, the Telephone Consumer Protection Act of 1991 was passed and became effective December 20, 1992. That act and regulations of the Federal Communications Commission (FCC) help consumers avoid unwanted telephone solicitations and regulate certain abusive techniques.
The new regulation states that telemarketers:
Are required to maintain company-specific do-not-call lists for consumers who have requested that they not receive unwanted telephone solicitations.
Are barred from calling homes before 8 a.m. and after 9 p.m.
Are prohibited from using automatic dialing systems and pre-recorded messages where they may pose a threat to health and safety, such as using these techniques to call emergency lines and health care facilities.
Must, when making calls with an automatic dialing system, identify the caller, give caller's telephone number or address, and release the called party's line within five seconds of notice the called party has hung up.
May not send unsolicited or "junk fax" ads to telephone fax machines6
This specific act of telephone regulations besides being a good protection against these crooks also allows the consumers and the businessmen a chance to sue the telemarketers that decide to violate the act.7
In all of the acts and regulations there are I believe that in general there is way to much regulations for the small details, although in good nature, these mundane regulations do not really serve a purpose if no one ever pays attention to them. So there is not a definite need for these regulations but on the other hand I think its best to just stay with our conscience and not violate them and there should not be so much of a problem.
End Notes
1 “Revolt of the Junk receivers.” The Economist, 29 September 1990
The article opens with the statement/fact that Junk telephone calls are an unhappy-and even larger fact of American life. More than 13 billion catalogues from 8,000 firms flooded through doors or into mailboxes last year (1989). Also the article talks about specific styles of solicitations and certain instances.
2 ibid
3 ibid
4 “Rules for Telephone Solicitations” Unites States Postal Inspection Service. This article give the actual regulation on telephone solicitations.
5 ibid
6 ibid
7 ibid
Rivera, Nancy. “Power: Regulations require providers to prove their expertise and limit telephone solicitation.” Los Angeles Times
27 March 1998
“Revolt of the junk receivers.” The Economist (US)
29 September 1990.
“Tort reform: American Medical Association’s lobbying campaign.” American Medical News
22 May 1995
Rules for telephone solicitations United States Postal Inspection Service.
http://www.usps.com/website/depart/inspect/foneregs.htm
47 C.F.R. 64. 1200 (Regulations on Telephone Solicitation) Code of Federal Regulations Title 47
http:// www.ornocall.com/ced73687.html
Questions
Q1 What is the only way to prevent hijackers from gaining control of an airplane according to the unknown author?
The only way to prevent hijackers is to make the cockpit more strong so that only explosives will do the job(of breaking it down).
Q2 What are the arguments
given by lobbyists for the Bells in favor of HR 1542 (Tauzin-Dingell Bill) and
arguments given by their opponents against this legislation?
CQ May 5 p 1012
Supporter of the bill say it will speed up the development of these broadband servers, and help jumpstart the information. Also its members need regulatory relief to compete with cable and other high-speed internet providers. The opponents such as A T & T sat it will give them a “stranglehold” on the highspeed services and delay the development of technology.
Q3- Why do small-business
groups like HR 1831? From the small amount of information presented in your
required reading, do you think the legislation is a good idea? Why?
CQ May 19 p. 1161
They like it because it is aimed at protecting the business that have not injured the environment from being sued. Yes I believe so because there needs to be some sort of protecting so that everyone is treated equal.
Q4- Give an argument in
favor of government regulating activities such as rollerblading and
bungee-jumping.
Governing, March 1993 p 23
I think that the safety of kids is important so I would regulate the amount of time kids are out in the streets so the cannot be harmed.
Q5- Define a “burden
hour.”
CQ ‘April 28 p. 896
A “Burden Hour” is supposed to measure the time it takes to collect data and fill out federal forms and reports.
Q6- Why was Connecticut
Senator, Joseph Lieberman, concerned enough to vote against the nomination of
Professor John Graham as administrator of the office of Information and
Regulatory Affairs in the current Bush administration?
CQ May 26 p 1229
Because he is so concerned with his beliefs on the regulations of environment and in the work place that if it doesn’t ask questions things would be corrupt.
Q6a Graham is a proponent of “risk analysis.” How is risk analysis defined on page 992 of the May 5, 2001 issue of Congressional Quarterly Weekly?
Risk Analysis is used to undermine or undo regulations that society needs. And can be useful to avoid imposing burdensome regulations on the business when the risk isn’t very great.
Q6b Who was the first
president to order federal agencies to weigh potential costs and benefits when
writing a rule?
CQ May5 2001 p 993
Clinton
Q6- How much would
compliance with OSHA’s regulations to limit injuries or disabilities from
performing repetitive tasks cost according to an estimate by business groups as
reported in the 2000 CQ Almanac? What was the response of OSHA and Labor
Department officials?
CQAlmanac p 2-111
They estimate from 14 billion to 80 billion. Their officials say that rule is flexible and would require most companies not to act.
Q7- What was the makeup of
the “iron triangle” during the Reagan years and what do environmentalists and
consumer activists foresee as its composition in the current Bush
administration?
CQ May 5 p 990
The iron triangle is and unbreakable alliance among the Democratic committee chairmen agency officials and interest groups that work to achieve a common goal. The foresee it as a new triad of industry officials, the White House and GOP committee chairmen.
Q8- Name 5 actions of the
Bush administration that have drawn criticism from Environmentalists.
CQ May 5, 2001 p. 994 and 995
His regulation to phase out snowmobiles in north parks and to reintroduce the grizzly bear into Idaho. His seeking to kill stringent reporting requirements for bad emissions. Timber companies trying to destroy the nations forests supported by Bush.
Q9- What did the executive
order issued by Ronald Reagan in 1981 and still in effect today, require
agencies to prove before new regulations were enacted? How did the Democratic
House counter in 1986?
CQ May 5, 2001 p. 995
Reagans order required agencies to prove that a regulation’s benefits would “outweigh” its costs. In 1986 Demos. Forced a showdown by deleting funds of OMB’s regulatory division from the financial budget in 1987.
Q10- On the average, how
long does it take to build an airport? A highway?
CQ May 19, 2001 p 1163
The average for a highway is 12 years. And the average for an airport is 15 years.
Q11- Discuss the pros and
cons of licensing requirements.
Wall Street Journal June 18, 1993
Some pros for licensing is that if you need one and get one than nothing can stop u from doing it but the cons are that if we don’t then we could be easily arrested.
Q12- Discuss the pros and
cons of master plans and planning departments.
Taking A Stand On Regulation pp 80-82
The pros are that the rules are plain and made very visible but the planning departments can become power crazy and make unnecessary rules.