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 SEPARATE  STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 Re:  Rules  and  Regulations  Implementing  the  Telephone  Consumer  Protection  Act  of  1991,  CGB  Docket  No.  02-  XXX,  CC  Docket  No.  92-  90 


 As  I  have  stated  on  many  occasions,  maximizing  consumer  welfare  and  protecting  consumer  interests  are  key  Commission  priorities.  The  Commission  achieves  these  ends, 
 in  part,  by  creating  market  policy  that  allows  innovation  to  bring  new  and  improved  telecommunications  products  and  services  to  all  Americans,  while  balancing  the  rights  of 
 consumers.  We  also  seek  to  empower  consumers  directly  by  providing  them  information  they  can  use  to  make  educated  decisions  in  a  marketplace  where  the  options  can 
 sometimes  be  daunting. 
 Today,  the  Commission  takes  an  important  step  in  adding  to  its  substantial  record  of  consumer-  oriented  policy  and  outreach  initiatives.  Given  the  number  of  consumer 
 inquiries  and  complaints  about  telemarketing  the  Commission  has  received,  and  in  light  of  technological  and  market  changes,  we  have  determined  that  it  is  time  to  review  the 
 rules  under  the  Telephone  Consumer  Protection  Act  (TCPA)  of  1991  on  unsolicited  advertising  using  telephones  and  facsimile  machines.  This  item  also  seeks  comment  on 
 the  establishment  of  a  national  do-  not-  call  list  that  would  cover  most  telemarketing  calls,  an  issue  that  the  Commission  last  considered  a  decade  ago.  In  particular,  the  item  asks 
 about  possible  FCC  actions  that  could  complement  the  Federal  Trade  Commission’s  proposal  to  establish  and  administer  a  national  do-  not-  call  list. 


 Since  the  TCPA  was  adopted,  telemarketing  practices  have  changed  significantly,  the  number  of  telemarketing  calls  received  by  consumers  has  increased  exponentially, 
 and  the  technologies  used  by  telemarketers  have  become  more  sophisticated.  Therefore,  the  rulemaking  proposed  today  is  timely  in  considering  whether  consumers  are 
 adequately  protected  against  unlimited  unsolicited  advertising,  as  contemplated  by  the  TCPA.  In  reviewing  our  rules,  we  must  balance  this  consumer  interest  against  the 
 burdens  on  telemarketers  and  their  interest  in  conducting  legitimate  telemarketing. 
 Consumer  policy  efforts  like  this  one  are  complemented  by  the  Commission’s  outreach  and  education  initiatives,  which  include  producing  fact  sheets,  consumer  alerts, 
 and  consumer  forums  and  making  concise,  reader-  friendly  information  available  on  the  Commission  Web  site  and  through  our  Consumer  Centers.  Other  recent  consumer-related 
 FCC  activities  include: 
 (1)  Proposing  to  extend  the  Commission’s  informal  complaint  rules  to  encompass  all  entities  we  regulate,  not  just  telephone  service  providers.  If  this  item  is  adopted, 
 a  consumer  will  be  able  to  file  a  complaint  with  the  Commission  and  receive  a  response  from  the  company  in  question. 
 (2)  Permitting  reimbursement  from  the  interstate  Telecommunication  Relay  Service  (TRS)  fund  in  a  way  that  persons  with  disabilities  who  use  Internet-  based  TRS 
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 access  can  initiate  calls  from  their  computers  rather  than  having  to  purchase  TTY  (teletypewriter/  text  telephone)  devices. 
 (3)  Educating  consumers  through  our  “Get  Connected:  Afford-  A-  Phone”  national  outreach  campaign  about  Link-  Up  America  and  Lifeline  Assistance,  programs 
 that  provide  discounts  on  initial  telephone  installation  and  basic  monthly  telephone  service  for  qualifying  low-  income  consumers. 
 (4)  Producing  a  brochure  in  13  languages  that  explains  consumer  options  for  saving  money  on  international  long  distance  telephone  calls. 


 Today’s  telemarketing  item  and  the  initiatives  enumerated  above  are  only  several  of  our  recent  actions  designed  to  serve  consumers  of  telecommunications  goods  and 
 services.  The  American  public  can  be  confident  that  the  Commission  will  continue  to  advance  consumer  value  through  its  policies  and  programs. 
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