FCC Issues Rules Implementing Junk Fax Law

The Federal Communications Commission (FCC) on April 5 released rules implementing the federal fax law enacted by Congress in 2005, bringing clarity to a few lingering questions for associations and other businesses that communicate with members and clients via fax.

The “Junk Fax Prevention Act of 2005” (JFPA) proved necessary due to new rules developed by the FCC in 2003 that would have prohibited the sending of commercial faxes without the prior written consent of recipients. The JFPA maintains the “established business relationship” (EBR) exception that allows associations and businesses to send unsolicited commercial faxes to their members and to other recipients with whom they have an established business relationship. In addition, the law requires that all unsolicited commercial faxes include an “opt-out” provision on the first page of a fax; that the sender provide a cost-free, 24-hour means for the recipient to request to be removed from the fax distribution list; and that fax numbers (other than those in the possession of the sender prior to the enactment of the law) be obtained either directly from the recipient or from a public source to which the recipient gave the fax number for publication (i.e., a website, advertisement or directory).

The JFPA authorized the FCC to determine the “shortest reasonable time” that senders must comply with an opt-out request, and establish whether a time limit on the EBR was necessary, among other things. ASAE, along with many other associations, filed comments on the FCC’s proposed rulemaking earlier this year, and the FCC’s final rules track favorably with ASAE’s recommendations.

Notably in its rulemaking two weeks ago, the FCC did not limit the duration of the EBR, although it reserved the right to evaluate the nature of complaints regarding faxed advertisements over the next year to determine whether they’re a result of the EBR. The FCC also cited ASAE’s comments in determining that 30 days is a reasonable time period for organizations to honor an opt-out request, taking into consideration the limited staffing resources of many associations and other small businesses.

While the FCC did not exempt small businesses or nonprofit organizations from the opt-out requirement, the commission did apparently take into consideration the sometimes limited resources of nonprofits in its rulemaking, particularly in its finding that toll-free phone numbers are not required in order to comply with the “cost-free” opt-out requirement. Instead, also specifically citing ASAE’s comments, the FCC has determined that a website address, email address, toll-free number or toll-free fax number all constitute “cost-free mechanisms” for purposes of this rulemaking.

The FCC’s rules also clarify the term “unsolicited advertisement” as “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without the person’s prior express invitation or permission, in writing or otherwise.” Informational pieces such as an association’s newsletter or legislative updates do not constitute unsolicited advertisements so long as the primary purpose of the communication is informational, and not to promote commercial products. The FCC has found that even “an incidental advertisement contained in a newsletter does not convert the entire communication into an advertisement.”

Visit the FCC website to read the FCC’s rules in their entirety, or access ASAE’s “Frequently Asked Questions” on the fax law here.

For more information on public policy issues, visit the public policy section of the ASAE & The Center website at http://www.asaecenter.org.

If you would like to subscribe to InRoads, the weekly public policy newsletter, or manage your InRoads account, please visit http://capwiz.com/asaeinroads/mlm/signup/.

It's Not Too Late to Register for Springtime

Thursday, May 25, 2006
Washington Convention Center
Full-day registration before May 12: Members $75; Nonmembers $90
Register now!

Cherry blossoms, rain showers, tourists…Springtime must be here! Do you have everything in place to have a wonderful and productive time at the 2006 Springtime expo? Just in case you’re still wrapping up your winter projects, we’ve made a checklist to help you out.

Register

Review the General and educational sessions

Print map of the exhibit hall

Contact ASAE & The Center with any questions!

Register for Springtime DC International Golf Tournament

"Springtime offers a great opportunity to learn tricks of the trade from seasoned professionals."

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New Content–New Attitude–Real Learning!

Join us for the Finance & Business Operations Symposium (FBOS), June 5–6, 2006 in Baltimore, MD for this exceptional learning experience, networking opportunity and much more! FBOS is the premier event for finance operations and human resources professionals in trade associations, professional societies and philanthropic organizations. With a year-in-review legal briefing as our framework, we’ll delve into such current topics as…

• Going Virtual–Abandoning Bricks & Mortar;
• Outcome–based measurement for benchmarking not-for-profit success; and
• Developing Mission-Based Investment Policies.

Register now for this outstanding symposium!

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Learn From the Comfort of Your Office

Web 2.0: Exploring the Impact of Social Media
May 3, 2006, 2:00–3:30 p.m. EST
Members $179, Nonmembers $279
OnlineU Virtual seminar

Register for one site and include your entire staff!

In the last 10 years, the web has impacted everything from the grassroots up. Perhaps the most compelling idea, however is just now beginning to emerge—the web as a fully participatory experience. It's no longer about creating a static website; the powerful tools of blogging, podcasting, wikis, social bookmarking and photo/video-sharing have opened up new possibilities. Today, anyone can easily, regularly and quickly create powerful content, spark interesting conversation and build an enduring community online.

In this popular session, adapted from our recent popular Technology Conference, you'll join an outstanding panel of social media evangelists for a lively, free-wheeling conversation about Web 2.0 technologies, tools and ideas. You will be challenged to think differently about what your association can accomplish today and going forward!  This session will answer...

• What is Web 2.0, how did it emerge and what are its defining elements?
• How do social media tools such as blogging, podcasting and wikis create new opportunities and challenges for associations?
• How should your association think about the application of social media tools, both to extend the value of its current work as well as to create new forms of value for your members?

Join us and you'll view your association's community-building opportunities in a whole new way.  Register now!

Content Leaders: Jeff De Cagna, moderator, chief strategist and founder, Principled Innovation LLC; Kevin Holland, division vice president for business operations and membership, Air Conditioning Contractors of America; Ben Martin, CAE, author of Certified Association Executive blog; Todd Berkowitz, director of marketing, NewsGator

Emergency and Pandemic Preparedness–Are You Ready?
May 31, 2006, 2:00–3:30 p.m. EST
Members $179, Nonmembers $279
OnlineU Virtual seminar

Register for one site and include your entire staff!

Leading infectious disease experts agree that the next pandemic is a matter of when, not if. Does your association’s emergency preparedness plan address the unique conditions that a pandemic could create? Have you considered how you will sustain your association with serious declines in staff, members and revenue? Discover…

• How global conditions are creating an environment for a pandemic;
• The critical questions that must be addressed with your staff and leadership to develop a plan for business continuity;
• How to assess the potential consequences of a pandemic to your profession or industry; and
• The elements of a pandemic communications plan.

Your association’s size or scope doesn’t matter—a pandemic could affect everyone. Join us to discover the very real threats and to understand what you and your organization must begin to consider now.  Register now!

Content Leaders: Kathy L. Warye, executive director, APIC—Association for Professionals in Infection Control & Epidemiology; Bob Mellinger, president, Attainium Corporation

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Join us for the Invitational Forum

Join us for the Invitational Forum, June 15–16, 2006 in Halifax, Nova Scotia. Some of the most noted business leaders of our time will be leading interactive learning sessions that will have you stepping out of your comfort zone and stretching to new heights.  Strat Sherman, a long standing Fortune magazine board member, will be moderating a Forum chock-full of outstanding session leaders such as; Peter Georgescu, Carol Bellamy, Frances Hesselbein and Marshall Goldsmith.  We are also excited to have Mark Seddon, the UN/NY Correspondent for the soon to be launched English channel, Al Jazeera International share his experiences.

And, just confirmed…Claire Gaudiani, author of The Greater Good, will share her research that shows that Americans are not generous because we’re rich, but rich because we are generous.

Click here for the complete agenda or register now!

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The Heart and Soul Gala–2006 Partnership Dinner

Heart & Soul Gala—2006 Partnership Dinner
Tuesday, April 25, 2006
Marriott Wardman Park Hotel, Washington, DC
6:30 p.m. Reception, 7:30 p.m. Dinner Program and Gala
Formal Attire: Red dress/red tie suggested

Please join us for a wonderful evening at the premier event of the year—ASAE & The Center's 2006 Partnership Dinner. Reserve your table now and invite your clients to join you to honor four associations and one individual for their contributions to advance heart disease awareness.

Our honorees include:

American College of Cardiology
American Heart Association
American Hospital Association
The Heart Rhythm Society and Foundation
Mrs. Donna Marriott

ASAE & The Center are proud to honor visionary Mrs. Donna Marriott for her years of dedicated service to the Greater Washington Region of the American Heart Association. Born in Evanston, IL, Mrs. Marriott has held numerous professional, political and community positions including serving as a member of the Woman's Heart Board, part of the Greater Washington Region of the American Heart Association since 1969, chairman of the Heart Luncheon in 1972 and 1998 and chairman of the Women's Heart Board 1983-1985. She is married to J.W. Marriott, Jr., chairman of the Board and CEO of Marriott International, Inc.

This year's Partnership Dinner is co-chaired by Anne Hamilton, Walt Disney Parks and Resorts and Bill Reed, CMP, Conferon. 

Various dinner packages are available.  Don't miss this unique opportunity to network with more than 800 industry leaders!

RSVP: Download the RSVP form and fax it to 703-739-4481. For more information, call Precision Meetings and Events at 703-739-4480.

A block of rooms has been reserved at the Marriott Wardman Park Hotel. Reservations may be made by calling 800-228-9290 or 202-328-2983.

Individual Ticket: $325
Table of 10: $ 3,000
Table Packages: $ 5,000–$15,000

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Attention all Government Relations Specialists!

Government Relations (GR) School
June 21–22, 2006
The Center for Association Leadership’s Marriott Learning Complex, Washington, DC
Members $495, Nonmembers $695*
*Nonmember price includes a one-year ASAE & The Center membership
Register now!

Want to improve your relationship with government institutions to become more influential? Then, join us for Government Relations (GR) School, the premier event for government relations specialists. You’ll gain invaluable insight from experienced GR professionals including representatives of national associations, advocacy experts and people who know Capitol Hill and the halls of state legislatures.  Some of the exciting sessions include…

• Communications: From Building Credibility to Pitching Stories: How to Get Active with Local News Media;
• Issue Management: Taking Charge of Your Association’s Top Issues; and
• Resource Management: Flying Solo-Running a One-Person Government Relations Department.

This exceptional learning experience will arm you will the tools you need to propel your organization forward.

Register now!

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Enter the 2006 Associations Make a Better World Awards Program

Is your association working to make the world a better place? Tell your story and be recognized! The annual Associations Make a Better World Awards seek to identify outstanding examples of association programs, projects and activities that make a significant contribution to societies and economies worldwide. Whether you are based outside the U.S. or work internationally, nominate your own association or another outstanding association.  We hope you’ll take the time to nominate those who truly deserve to be recognized. The deadline is May 12, 2006.

The winners will be recognized among their peers in the association community worldwide through education and networking events, news releases, articles in ASAE & The Center publications, the Better World website and at ASAE & The Center’s 2006 Annual Meeting & Exposition.

More information and entry forms are available online.

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Question of the Week–Renegotiating a CEO Contract

Do you have any resources about renegotiating a CEO contract?

ASAE & THE CENTER RESOURCES
“Fine-tuning the executive employment contract,” Executive Idealink, April 2002
http://www.asaecenter.org/PublicationsResources/EnewsletterArticleDetail.cfm?ItemNumber=5565

“Compensation conundrum,” Association Management, April 2004
http://www.asaecenter.org/PublicationsResources/AMMagArticleDetail.cfm?ItemNumber=7314  

“Don’t ask, don’t get,” Association Management, April 2004
http://www.asaecenter.org/PublicationsResources/AMMagArticleDetail.cfm?ItemNumber=2786

“Solid contract, soft landing,” Association Management, April 2003
http://www.asaecenter.org/PublicationsResourcesAMMagArticleDetail.cfm?ItemNumber=7440 

“Give a little, take a little,” Association Management, April 2001
http://www.asaecenter.org/PublicationsResources/AMMagArticleDetail.cfm?ItemNumber=5985&token=26836&userID=16544 
 
“Smart contracts: an executive’s guide,” Association Management, May 1999
http://www.asaecenter.org/GeneralDetail.cfm?ItemNumber=1089  

“Smart Contracts: What to Look for the Next Time Around”, Association Management, May 1999
http://www.asaecenter.org/PublicationsResources/AMMagArticleDetail.cfm?ItemNumber=5861

OUTSIDE RESOURCES
“Courtship and marriage: Negotiating and signing an employment contract”, The Forbes Group,
http://www.forbesgroup.com/resources/articles/index.cfm/fuseaction/ViewArticle/article_id/36?CFID=256003&CFTOKEN=93849176&

If you have a question or pressing issue that you would like to see addressed in the Weekly Bulletin, contact the Association Knowledge Center at 202-326-9559 or Knowledge Center@asaenet.org.

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Find a Job at Career Headquarters

Realize your professional potential in association management through www.careerhq.org—the best source of association jobs and resumes. Advertise your resume free of charge to hundreds of association employers and search CareerHQ.org’s targeted job database for the position that’s right for you. CareerHQ.org offers career development services including job coaching, resume writing and a career knowledge database. Numerous services are free, including resume review, interviewing guidelines and a behavioral style analysis. You’ll also find helpful tips and resources to assist in your job hunt.

Subscriptions Coordinator
American Public Health Association–Washington, DC

Executive Director
UNITY: Journalists of Color, Inc.–McLean, VA

Membership & Marketing Manager
Council for Quality Growth–Atlanta, GA

Corporate Partnership Director
IEEE–Piscataway, NJ

Information Technology Director
Confidential posting organization–Chicago, IL

Career Headquarters is powered by Boxwood Technology.

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Register for Upcoming Events Offered by CenterU–Your Gateway to Excellence in Association Learning
 

The Seven-Touch Prospecting System
April 20, 2006
OnlineU virtual seminar

ASAE & The Center Virtual Member Experience
April 21, 2006
Virtual

Principles of Component Relations
April 22–June 2, 2006
OnlineU web based course

The Heart & Soul Gala—2006 Partnership Dinner
April 25, 2006
Washington, DC

Hotel Operations Program: Mohegan Sun
April 26–28, 2006
Uncasville, CT

Industry Partner Member Experience Program
May 1, 2006
Virtual

Web 2.0: Exploring the Impact of Social Media
May 3, 2006
OnlineU virtual seminar

Exceptional Boards: Strengthening the Governance Team
May 18, 2006
San Francisco, CA

Membership Growth Strategies for Real-World Associations
May 18, 2006
San Francisco, CA

ASAE & The Center Virtual Member Experience
May 19, 2006
Virtual

Business of Meetings Certificate Program: Meetings and Expositions Operations
May 23–24, 2006
Washington, DC

Business of Meetings Certificate Program: Strategy and Marketing
May 23–24, 2006 
Washington, DC

Springtime 2006
May 25, 2006
Washington, DC

Springtime DC Invitational Golf Tournament
May 26, 2006
Woodbridge, VA

For a full listing of upcoming programs click here.