FCC Record, Volume 7, No. 26, Pages 8528 to 9008, December 14 - December 24, 1992 Page: 8,774

about unwanted calls.75 reer, no has been presented in this
to show that non-o cial calls present as serious a rnoem- for
telephone subscribers as unsolicited orci al calls. Accordingly, based ao
the oraments and the legislative history of TCA, we cxtcwe that tax-exeipt
nonprofit organizations should be easxpt fmn the pribitin on prerecorded
message calls to residences as non-czmercial calls. Therefore, we will not
seek additional authority to curb calls by tax-emrpt profit organizations.
41. Saoe centers urge the Comdssion to expressly exnpt specific
categories of additional ornitios such as t research or polling
organizations, toie activities are not invasive of residtial privacy rights
anxd were not intended to be prohibited by te CPA.76 We fiy! that the
exception for nun-omuMrcial calls frmn the prohibition on prerecorded esages
to residences includes clils cting research, mrket survys, political
polling or similar activities which do involve solicitation as defined by
our rules.77 W thus reject as necessary the pr l to cea secific
exemptions for such activities.
4. arifi atiois.
42. fmlry y.fl The TCPA prhibits autodtaler and prerecorded message
calls to "elderly hlres" absent prior c s o tent or unless it is an
rergency call. APSA requests clarification of the tern, as it awpears in §
227 (b) (1) (A) (ii) airx in the procpsd rules, S 64.1200(a) (1) (ii), noting that
the term is sufficiently anbiguous to incliuie the private hmes of elderly
telepne subscriber as well as health care establish ts. Since the TCPA
does not define the term, we must apply the plain meaning of the vrds in
interpreting the statute. This term clearly refers to a residential setting
for the elderly, but also suggests the vernacar for institutions like nursing
hlmes and other long tern health care facilities. Its plaonumt in a section
which refers to other health care facilities rather than in the following
section regarding calls to residential tel ne subscriber also suggests that
the words are meant to cribe an institutional etting in ich the elderly
reside, as sed to any reference to the private es of the elderly. Given
the placement of this tenn in the statute and the lack of evidence in the
legislative history suggesting any contrary m ing, we ocl that the wds
"elderly hlme" do not refer to the private tMus of the elderly, ani that the
words are intended to irnlude in the gnral prhitbiticn against autodialer and
75 See, ue Report 102-317 at 16-17 stating that t wnt! telegine
solicitations are cruercial in nature" and that "the two man sources of
cnumer problem -- high volume of solicitations and ut-wqected solicitations
-- are ot present in solicitations by nqpofit organizations." See aso,
Senate Report 102-177 at 6, to accS.pany Bill S. 1410. 102d Ozu., (1991).
76 See cents of Ogern Breter and Public fzn.
77 S pera. 45, r., e izing that market research or surveys d
be prohibited uwer S 227 of the TCPA a Sn 64.1200(a) (1) if the called party
e charged for the cal without the perty's prior eess sent or if such
calls contain unsolicited advertise ts.

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