---
title: FCC Cancels Proposed Fine of Fax Broadcaster
date: 2010-12-10T13:00:00-05:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/fcc-cancels-proposed-fine-of-fax-broadcaster"
section: Blog Posts
---
# FCC Cancels Proposed Fine of Fax Broadcaster

 December 10, 2010

 

 

 

 

 

 

Complaints of unsolicited faxes (aka ​“junk faxes”) persistently are the most common type of complaint that the FCC receives. As a result, the FCC issues a steady stream of investigations, citations and [proposed fines for junk faxes](http://www.telecomlawmonitor.com/2010/09/articles/enforcement/fcc-imposes-3-million-in-fines-in-junk-fax-cases/). This week, the FCC released an order that we believe marks the first adjudication determining that a ​“fax broadcaster” is not liable for unsolicited faxes sent on behalf of others. See below for the details.

On December 8, the FCC released an order [canceling a proposed fine against CyberData, Inc.](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/blogs/comm-law-monitor/2010/12/CyberData.pdf) The FCC concluded, based on the record before it, that CyberData presented a ​“reasonable case” that it was a fax broadcaster, not a sender under the FCC’s junk fax rules. The Commission noted three factors that supported the conclusion that CyberData was not liable:

1. The ads were for services that CyberData does not provide and appeared to be transmitted on behalf of third parties;
2. No evidence contradicted CyberData’s assertion that it did not have a ​“high degree of involvement” with the senders’ transmissions.
3. CyberData took steps to prevent further transmission of unsolicited faxes. The FCC noted that CyberData maintained a do-not-fax database and that it terminated services to entities found by the FCC to have violated the junk fax rules.
 

 

 **Tags:** [CyberData](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/cyberdata), [enforcement](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/enforcement), [Fax broadcaster](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/fax-broadcaster), [Junk fax](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/junk-fax), [TCPA](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/tcpa)

 

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