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AFP Alert: CRTC Decision 2004-35

(October 4, 2004) AFP continues to urge its members to write to the Canadian Radio-television and Telecommunications Commission (CRTC) in support of AFP's application to review and vary CRTC Decision 2004-35 that establishes new telemarketing regulations that would detrimentally affect charitable organizations.

The deadline for comments is October 15, 2004 .

If possible, we ask that you send a letter referencing AFP's docket number (8662-A84-200410035) and a signed affidavit to the CRTC. (However, if you find the affidavit too unwieldy, please simply send the letter without the affidavit).

Letters can be faxed to the CRTC at (819) 994-0218.  Members are also urged to fax their letters to the AFP International Headquarters at (703) 684-0540 and to AFP's legal counsel in this matter, Miller Thomson, at (416) 595-8695.

In addition, please also send a hard copy of the letter to the CRTC at:

Ms. Diane Rhéaume; Secretary General; Canadian Radio-Television and Telecommunications Commission; Les Terrasses de la Chaudière; 1, Promenade du Portage; Gatineau, QC K1A 0N2

Please refer to this page for more information (including a draft letter to the CRTC and an affidavit form).

You may have heard that on September 28, 2004, the CRTC approved the Canadian Marketing Association's (CMA's) application to stay Telecom Decision CRTC 2004‑35, pending the disposition of the CMA's application to review and vary that Decision. The CMA submitted its application on August 6, 2004 , and the organization raised several concerns about the Decision that are similar to the concerns held by AFP. (*NOTE: Although AFP supports the CMA's application, we found it necessary to submit our own, separate application because Decision 2004-35 would have such a unique impact on charitable organizations).

We believe that several applications to review and vary Decision 2004-35, including those submitted by AFP and the CMA, compelled the CRTC to stay the Decision.

Although this stay is temporarily good news for AFP members, it is critical that you write to the CRTC if you have not done so already to ensure that the CRTC exempts charitable organizations from these regulations when it lifts the stay and re-implements Decision 2004-35.

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