FCC Comr. Abernathy said there’s need for ‘clarity of scope’ in ’...

that FCC didn’t have expertise or mandate to regulate advertisement of communications services. While competition in telecom sector is good for consumers, she said, it also places “additional obligations” on users to be informed. “The effectiveness of functioning markets does depend on the ability of the system to limit externalities and facilitate informed consumer decision-making,” Abernathy said. FTC is considering national do-not-call registry (DNCR), but its officials have said DNCR probably wouldn’t cover common carriers and other telecom companies under FCC jurisdiction because of FTC’s legislative exemption from such jurisdiction. FTC Chmn. Timothy Muris has said he wants his agency to have jurisdiction over common carrier for advertising and consumer protection issues. Muris and other FTC officials have said FCC probably would have to amend rule that would cover telecom companies that engaged in telemarketing. Abernathy told us she wasn’t sure companion FCC DNCR would be needed. She did say FCC had considered DNCR in past but had rejected proposal. She said FCC would be “valuable resource” for FTC while engaged in decision-making process and would tell FTC why it didn’t establish DNCR. Abernathy said she “applauds” DMA for creating do-not-call list. She also told DMA that FCC was receiving many complaints from consumers on predictive dialers, which often leave consumers hanging in wait while telemarketer is on another line. Abernathy recommended industry devise solution before complaints led to regulation or legislation (she said no regulation was pending now.)