Do-not-call list RFP expected in January

The CRTC aims to issue a request for proposal (RFP) for the operation of the telemarketing national do-not-call list (DNCL) in January, according to a commission spokesperson. But the federal agency might not employ the consortium model for the RFP, even though the telecom and broadcast regulator originally thought that would be the best way forward. "We’re looking at it closely," says Gerry Lylyk, a CRTC director. "We want to keep this process going, so we’re looking at plan B."Plan B means turning to the federal government’s established procurement procedures. The CRTC originally investigated having an industry consortium oversee the RFP, but "right now we’re concerned about the feasibility" of the consortium route, Lylyk says. Under the auspices of the CRTC’s Interconnection Steering Committee (CISC), a consortium-creation committee investigated the feasibility of a consortium running the RFP – choosing the DNCL operator, developing contract terms and conditions, and negotiating the agreement. The Canadian Marketing Association (CMA), a member of the consortium-creation committee, outlined certain problems with the consortium idea during its 2006 Regulatory Affairs Conference in Toronto on September 14. The creation committee found that consortium stakeholders, including marketers and consumer groups, held divergent agendas that could not be reconciled. As well, the committee decided that there might be too many unanswered questions about the DNCL to oversee the RFP effectively. "You’re asking this consortium to manage something that we don’t really understand," says Wally Hill, VP, public policy and communications at the CMA. "Are we managing the entire operation? Are we managing an operator who will be doing everything from running a database to complaints investigations and issuing notices of infraction?" The consortium idea isn’t dead, but "it’s fair to say it’s in some doubt," Hill says. The CISC also formed a DNCL operations working group (DOWG) to develop parameters for designing and implementing the DNCL. In July, the DOWG presented the commission with a list of "consensus" items – things about which group members agreed – and "non-consensus" items. Among other things, the DOWG members agreed the DNCL should only pertain to telephone numbers, that people signing onto the DNCL should only be allowed to register their own numbers unless given express consent to register another person’s number, and that registration should occur via the Web or a toll-free number. However, DOWG members were unable to reach a consensus on a number of matters as well. This included financial details – whether the government should fund DNCL start-up costs and provide ongoing investment to ensure the list’s long-term viability. Lylyk says the commission is also reviewing comments received from an request for information to discover the availability of contractors to run the directory."It’s now the analysis time," he says, explaining that the CRTC plans to conduct one-on-one interviews with RFI respondents in October. Exemptions to the national do-not-call registry were one of the more contentious issues to be raised during the process to establish the list (NL, March 7/06; May 11/06; and Sept. 15/06). Bill C-37, the legislative underpinning of this endeavour, underwent a number of important changes after it was first introduced in the House of Commons in December 2004. It passed second reading in June 2005 and third reading in October 2005. Royal assent was given in November 2005. Interested parties such as the CMA argued successfully that charities and corporations following up with consumers about existing business relationships shouldn’t have to comply with the DNCL. Some people wonder if the exemptions weaken the DNCL, but the CMA’s representatives say the exemptions help make the list both effective for consumers and manageable for businesses. "Something like this is always an effort to balance consumer interests with economic realities," Hill says. Lylyk points out that the government will review the DNCL’s effectiveness after five years of operation. People close to the planning process say the list will probably be up and running in late 2007 or early 2008. Regardless of how the commission issues the RFP for DNCL operation – whether by government procurement or via consortium – the key is to maintain momentum, Lylyk says. "We have a plan B to keep this thing moving and make sure the list is implemented in a timely fashion."

Do-not-call list RFP expected in January

News | 09/28/2006 4:00 am EDT

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