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 SEPARATE  STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 Re:  In  the  Matter  of  Policies  and  Rules  Implementing  the  Controlling  the  Assault  of  Non-Solicited  Pornography  and  Marketing  Act  of  2003;  Rules  and  Regulations  Implementing 
 the  Telephone  Consumer  Protection  Act  of  1991,  CG  Docket  Nos.  04-____  and  02-  278,  Notice  of  Proposed  Rulemaking  in  CG  Docket  No.  04-___  and  Further  Notice  of 
 Proposed  Rulemaking  in  CG  Docket  No.  02-  278.  (Adopted  March  11,  2004) 


 American  consumers  have  every  right  to  expect  that  their  cell  phones  will  be  spam-  free  zones.  With  this  broad  proceeding,  we  comply  with  Congress’s  mandate,  pursuant  to  the 
 CAN-  SPAM  Act  of  2003,  to  protect  consumer  and  businesses  from  the  cost,  inefficiencies,  and  inconveniences  of  unwanted  messages  sent  to  their  wireless  devices. 


 The  proceeding  explores  various  options  to  allow  subscribers  to  avoid  such  messages,  seeks  comment  on  technical  mechanisms  that  can  be  made  available  to  wireless 
 subscribers;  and  takes  into  account  the  efficacy  and  cost  considerations  of  these  specific  mechanisms  to  fulfill  the  requirements  of  the  Act. 


 Similarly,  we  seek  further  comment  on  the  various  restrictions  imposed  by  the  Telephone  Consumer  Protection  Act  (TCPA)  since  implementation  of  intermodal  local  number 
 portability. 
 I  look  forward  to  consulting  with  my  colleagues  at  the  Federal  Trade  Commission  on  this  rulemaking  to  maximize  the  consistency  of  our  respective  rules  and  to  implement 
 Congress’s  directive  to  protect  consumers  from  unwanted  mobile  service  commercial  messages. 
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