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 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 
 Re:  Rules  and  Regulations  Implementing  the  Telephone  Consumer  Protection  Act  of  1991,  CG  Docket  No.  02-  278,  Report  and  Order 
 Today’s  decision  to  establish  a  national  do-  not-  call  list  is  directly  responsive  to  consumer  frustration  with  telemarketing  overload.  Consumers  are  fed  up  with  the 
 barrage  of  telemarketing  calls  that  intrude  on  their  privacy,  and  they  crave  the  ability  to  just  say  no.  Congress  also  has  made  clear  the  importance  of  giving  consumers  a  more 
 effective  means  of  blocking  unwanted  calls.  Congress  authorized  establishment  of  a  national  do-  not-  call  registry  in  the  Telephone  Consumer  Protection  Act  of  1991,  and 
 earlier  this  year,  it  enacted  the  Do-  Not-  Call  Implementation  Act.  This  legislation  authorizes  funding  for  the  Federal  Trade  Commission’s  national  registry  and  directs  this 
 Commission  to  “maximize  consistency”  with  the  FTC’s  Telemarketing  Sales  Rule.  Today’s  action  responds  to  this  congressional  direction  by  providing  a  convenient,  one-stop 
 solution  that  will  enable  consumers  to  place  their  phone  numbers  on  a  unified  national  do-  not-  call  list  at  no  charge. 


 At  the  same  time,  I  remain  mindful  that  telemarketing  can  serve  a  valuable  function  by  providing  information  to  consumers  about  goods  and  services.  Many 
 consumers  appreciate  learning  about  ways  to  save  money,  obtain  better  service,  or  otherwise  take  advantage  of  commercial  opportunities.  Moreover,  telemarketers  enjoy 
 protection  under  the  First  Amendment,  which  requires  that  any  restrictions  on  commercial  speech  advance  a  substantial  governmental  interest  and  be  no  more  extensive 
 than  necessary.  Accordingly,  I  am  pleased  that  we  have  crafted  rules  that  balance  the  competing  interests  at  stake. 


 In  particular,  we  have  preserved  and  in  some  cases  modified  the  exemptions  for  calls  to  consumers  with  whom  the  marketer  has  an  established  business  relationship,  calls 
 to  consumers  who  have  expressly  consented  to  being  called,  and  calls  by  tax-  exempt  nonprofit  organizations  (or  by  independent  telemarketers  calling  on  their  behalf). 
 Consumers  should  understand  that,  as  a  result  of  these  statutory  exemptions,  placing  a  phone  number  on  the  national  do-  not-  call  list  will  not  necessarily  mean  that  you  will 
 receive  no  telemarketing  calls.  But  the  small  number  of  calls  received  should  be  more  consistent  with  consumers’  expectations  of  privacy,  and  consumers  can  prohibit  any 
 further  contact  through  company-  specific  do-  not-  call  lists. 
 I  am  also  pleased  that  the  Commission  has  established  a  narrow  exemption  from  the  national  do-  not-  call  list  to  permit  marketers  to  contact  people  with  whom  they  have  a 
 personal  relationship.  I  believe  the  record  shows  that  Congress  was  concerned  about  anonymous  calls  using  autodialers;  it  did  not  intend  to  put  the  Avon  Lady  out  of  business. 
 Consumers  generally  expect  and  welcome  calls  from  family,  friends,  and  acquaintances  who  want  to  promote  products  and  services.  Restricting  such  calls  therefore  would 
 impose  a  more  extensive  burden  on  speech  than  is  necessary  to  achieve  Congress’s  goals. 
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 In  addition,  the  Order  appropriately  clarifies  the  interplay  between  federal  and  state  telemarketing  restrictions.  While  I  support  empowering  consumers  to  block 
 unwanted  calls,  telemarketers  should  not  have  to  comply  with  multiple,  inconsistent  rules.  Indeed,  Congress  clearly  called  on  this  Commission  and  the  FTC  to  establish  a 
 uniform  federal  regime.  Thus,  the  Order  appropriately  clarifies  that,  while  states  may  enforce  the  federal  rules  and  may  adopt  more  restrictive  rules  for  intrastate  calls,  states 
 generally  may  not  regulate  interstate  calls. 
 In  sum,  I  am  pleased  to  support  this  Order,  because  it  provides  effective  mechanisms  for  consumers  to  restrict  unwanted  telemarketing  calls,  while  balancing  the 
 legitimate  interests  that  companies  and  individuals  have  in  communicating  with  customers  and  potential  customers.  I  expect  companies  to  comply  with  our  new  rules, 
 and  I  look  forward  to  working  together  with  the  FTC  and  state  attorneys  general  to  ensure  that  consumers  receive  the  privacy  protection  they  want  and  deserve. 
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