On March 22, 2010, the FCC issued it’s notice of proposed rulemaking, a copy of which is here. This competes with the FTC’s efforts to regulate the TCPA, too. The FCC’s version includes regulations which, if effectuated, would prohibit a person from initiating any telephone call using an automatic telephone dialing system or an artificial or prerecorded voice to a consumer’s wireless number unless the consumer has given the calling party prior express written consent — consent which is specifically defined in the proposed rule and which appear to have draconian consent requirements. The proposed rule also amends the provision governing artificial or prerecorded message calls placed to a consumer’s residential line unless the calling party has obtained prior express written consent from the consumer, and appears to eliminate the established business relationship exemption for such residential calls. The proposed rule requires the caller to demonstrate consent by ‘clear and convincing evidence’.