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 SEPARATE  STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 RE:  Truth-  in-  Billing  and  Billing  Format  (CC  Docket  No.  98-  170);  National  Association  of  State  Utility  Consumer  Advocates’  Petition  for  Declaratory  Ruling 
 (CG  Docket  No.  04-  208),  Second  Report  and  Order,  Declaratory  Ruling,  and  Second  Further  Notice  of  Proposed  Rulemaking.(  FCC  05-  55) 


 Wireless  consumers  deserve  accurate,  meaningful  billing  information  in  a  format  they  can  understand.  Today’s  item  places  the  power  of  choice  in  the  hands  of  the  American  consumer 
 by  eliminating  the  current  exemption  for  CMRS  carriers  from  providing  customers’  with  brief,  clear  and  non-  misleading  billing  descriptions,  and  makes  additional  clarifications  to  our  existing 
 truth-  in-  billing  rules  to  facilitate  the  provision  of  accurate  consumer  information. 
 Today’s  item  also  opens  the  door  for  public  comment  on  additional  measures  to  facilitate  the  ability  of  consumers  to  make  informed  choices  among  competitive  telecommunications 


 service  offerings.  Moreover,  our  proposal  that  carriers  must  disclose  the  full  rate  at  the  point  of  sale  would  ensure  that  consumers  are  given  information  at  a  critical  time  that  they  can  use  it  in 
 evaluating  their  competitive  choices,  and  is  especially  important  where  early  contract  termination  fees  apply. 


 Nonetheless,  as  Congress  recognized,  wireless  service  is  inherently  an  interstate  service.  As  a  result,  it  is  simply  not  sustainable  to  have  a  multitude  of  divergent,  and  at  times  intrusive, 
 state-  by-  state  billing  regulations.  Targeted  federal  regulation  that  applies  to  all  carriers  protects  consumers  and  allows  those  carriers  with  national  rate  plans,  such  as  IXCs  and  CMRS  providers, 
 to  operate.  However,  no  action  that  we  take  in  this  Order  and  the  Declaratory  Ruling  below  limits  states’  authority  to  enforce  their  own  generally  applicable  consumer  protection  laws,  to  the 
 extent  such  laws  do  not  require  or  prohibit  use  of  line  items.  Indeed,  like  our  approach  to  voice  over  Internet  protocol,  we  envision  an  active  state  partnership  in  enforcing  whatever  further  rules 
 and  guidelines  are  adopted  in  this  proceeding. 
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