New FCC fax marketing regulations send shock and awe throughout the industry.

The Federal Communications Commission has reversed the "Prior Business Relationship" requirement for fax marketing. The new rules require you to get written opt-in permission forms signed by each of your subscribers and customers in order to legally communicate with them by facsimile.

The new regulations were published in the Federal Register on July 25, 2003, and will become effective one month from that date. Publishers have one month from August 25, 2003, to fax the opt-in permission forms to their prospects, customers and subscribers. After September 25, you will have to send the forms by some other communications, such as U.S. mail or e-mail.

Without specific, written permission you will not be able to:

* Send renewal notices by fax

* Send order forms or registration forms by fax

* Send invoices for ads and other services and products by fax, even if a customer has requested them over the telephone

* Send reminders or announcements of conferences by fax

* Send directory listings by fax

* Send marketing efforts by fax.

A thorough explanation of the new rules, written by attorneys Jeff Tenenbaum and Ron Jacobs of the Washington law firm Venable LLP for an American Society of Association Executives Town Meeting held July 23, is available on ASAE's website at www.asaenet.org/ publicpolicy/FCC_Fax _Rules.

One expert said the new rules "have imposed some of the most stringent regulations ever imposed on a marketing channel." All of the other channels for contacting prospects and customers--U.S, mail, email, and telephone--have restrictions that put the onus on the recipient to opt-out. The new requirement for fax marketing puts that onus on the sender. That doesn't seem fair. Write your congressional representative.