STATEMENT OF
COMMISSIONER ROBERT M. McDOWELL
Re: Bright House Networks, LLC, et al., Complainants v. Verizon California, Inc., et al., Defendants.
American consumers deserve the benefits that come from robust competition, especially in the 
telecommunications marketplace.  It is the FCC’s mission to promote such consumer-friendly 
competition.  Additionally, Congress has required that we protect consumer privacy.  Section 222 of the 
Communications Act clearly prohibits carriers from using confidential customer information for 
marketing efforts.  Consistent with Congress’s intent and Commission precedent in the long-distance 
context, today we carry out Congress’s unambiguous mandate to protect consumer privacy in local 
markets as well.
Carriers are free to initiate customer retention marketing campaigns before a consumer gives the 
order to switch from his or her current phone service provider to a new provider.  Under the law, carriers 
are also permitted to launch “win-back” campaigns after consumers have switched.  Today’s action 
underscores long-held Commission policy that using proprietary customer information for marketing 
efforts cannot take place during the window of time when a customer’s phone number is being switched 
to a new provider.
 
Our March, 2007, action granting the Time-Warner petition for declaratory ruling on 
interconnection with incumbent LECs held that cable and other VoIP providers must be able to use local 
phone numbers and be allowed to put calls through to other phone networks.  Our action then was 
premised on the belief that we were working to increase meaningful competition in local telephone 
service.  Similarly, today’s action ensures that consumers in all areas of the country reap the benefits of 
competition in the form of lower prices, innovative services and more choice.