1STATEMENT OF COMMISSIONER MIGNON CLYBURN ON RULES AND 
REGULATIONS IMPLEMENTING THE TELEPHONE CONSUMER PROTECTION ACT OF 
1991
Re: In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 
1991, CG Docket No. 02-278, WC Docket No. 07-135
Today, the Commission responds to 21 petitions by a number of companies and trade associations
for relief and clarification on compliance with the Telephone Consumer Protection Act.  “Robocalls,” or 
pre-recorded messages delivered by a computerized autodialer, which are covered by the TCPA, are the 
subject of the highest number of complaints received at the Commission.  Our record clearly demonstrates 
that just as companies are aggressively using these autodialers to reach consumers in a lawful manner, 
consumer advocates (including Members of the Legislative Branch) are – with equal vigor – expressing 
concern about the persistence of high volumes of unwanted communications.
I am pleased that this Declaratory Ruling makes clear that we will maintain the consumer 
protections the Act intended.  I understand that many companies feel that this ruling does not go far 
enough in delineating exactly how far and, within what guidelines a business may communicate with 
consumers using autodialer technology.  I believe, however, that by reaffirming our broad interpretation 
of the definition of “autodialer,” and by affirming our commitment to Congressional intent, we will 
further incentivize businesses to take the necessary steps to obtain prior consent when it comes to these
communications.  
The Commission is striking a difficult, but necessary balance with this item.  Over the course of 
this proceeding, my office has received significant feedback from companies that are trying to reach 
consumers who gave prior consent to be contacted, but then that consent is effectively revoked when that 
person’s number is reassigned.  I am sympathetic to the challenges these companies face since the 
absence of a comprehensive database of reassigned phone numbers may be an issue.  I also appreciate 
how the Commission has attempted to provide some buffer for companies acting in good faith, by 
allowing them one call, post reassignment, in order to affirm any number reassignment. But I would like 
to see more.  
I am not going so far as to mandate that any provider participate in maintenance of a database of 
reassigned numbers, however, I would encourage voluntary participation by all providers in some type of 
comprehensive database for reassigned numbers.  Another option suggested in the record, that might have 
merit, would be that carriers establish a minimum time period before reassigning numbers. 
Another issue raised is the limited “free to end user” call exemptions we provide here, today, in 
the cases of exigent notifications regarding financial services and healthcare matters.  These exemptions 
ensure that consumers do not suffer dramatic harm to their personal or financial health and security 
because of lack of access to timely alerts.  Even so, I agree with commenters who are concerned, that 
even these alerts could annoy consumers who have not provided prior consent.  So, I believe the required 
immediate opt out mechanisms and the limited number of calls permitted balance the need for urgent 
information with the risk of intrusion.  
Finally, I believe that the decision to provide the clarity requested by thirty-nine state attorneys 
general is a win. The Commission finds no legal barrier to carriers wishing to offer their customers 
access to consumer call-blocking tools in this ruling. And providing consumers with tools that empower 
them to take control over the communications they receive is consistent with the intent of TCPA and is 
exactly the type of offering that we want to encourage carriers to provide.  
2For those concerned that today’s decision to reaffirm the broad application of TCPA, may result 
in consumers losing access to valued communications, I simply say, we will remain vigilant. Consumers
have not hesitated to express their concerns about receiving unwanted calls through our complaint 
process, and I have no doubt that they will do the same if access is unintentionally lost.
I would like to thank the staff of the Consumer and Government Affairs Bureau for their hard 
work on this item, in particular, former Bureau Chief, Kris Monteith.  Your passion and commitment are 
evident in this particular item.  I also wish to officially welcome new Bureau Chief, Alison Kutler, to our 
team.