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mus11iugtou, D<!L 20515 
The Honorable Tom Wheeler 
Chait man 
Federal Communications Commission 
445 12th Street, SW 
Washington, DC 20554 
Dear Chairman Wheeler: 
January 8, 2014 
We write to request the Federal Communications Commission ("FCC") declare the Telephone 
Consumer Protection Act ("TCP A") does not restrict research survey calls made by or on behalf 
of the federal government. 
In 1991, TCP A was enacted by Congress to address a growing concern over telemarketing calls 
and certain practices found to be an invasion of consumer privacy. It includes a number of 
provisions that make it unlawful for a "person" to use automated telephone systems to place 
certain types of calls, including calls to wireless telephone numbers. Unfortunately, this law is 
now being applied inappropriately by those who claim that its provisions restrict research survey 
calls placed by or on behalf of the federal government. One nonprofit organization, R TI 
International, has already been sued by a litigant who claimed that the research survey calls it 
placed on behalf of federal agencies violated the TCP A. Similar suits may follow. 
The goal of the TCP A has never been to impede communications from the federal government, 
especially those that gather data for important government research. The Communications Act 
defines a "person" as an "individual, partnership, association, joint-stock company, trust or 
corporation," and federal government agencies fall outside the plain meaning of each of these 
terms. The Supreme Court has repeatedly held that the term "person" does not include sovereign 
entities, and the FCC' s own regulations implementing the TCPA that apply to a "person or 
entity" similarly exclude the United States. 
Without clarification, additional litigation may threaten policymakers' access to important data, 
much of which is statutorily mandated. This would reduce the likelihood of informed public 
policy decisions and make it harder for lawmakers to effectively allocate limited government 
resources. 
Therefore, we respectfully urge the FCC to grant RTI International' s Petition for Expedited 
Declaratory Ruling (CG Docket No. 02-278) and confirm that the TCPA does not restrict 
research survey calls made by or on behalf of the federal government. These efforts, which help 
advance the public interest, should not be impeded by the misapplication of a federal statute 
enacted to address a completely different type of calling activity. 
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PAINTED ON RECYCLED PAPER 
DAVID PRICE 
Member of Congress 
~ 
Member of Congress 
Sincerely, 
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