Statement of Administration Policy: S. 1462 - Automated Telephone Consumer Protection Act

(SENT 10/31/91)
(Senate)
(Hollings (D) South Carolina and 4 others)

The Administration opposes enactment of S. 1462. It would result in unnecessary regulation of commercial activities and could curtail technological innovation and eliminate legitimate business operations.

Current Federal law already prohibits harassing calls and calls made with intent to annoy. Current Federal and State laws also regulate telephone solicitation undertaken in a fraudulent manner.

The Federal Communications Commission (FCC) recently issued comprehensive rules that address concerns raised by this bill. The rules: (1) prohibit automated collect calls; (2) require prompt disconnection of a telephone line by automatic dialing machines when the call recipient hangs up; (3) require a preamble disclosing the price and identity of a "pay-per-call" service; and (4) require one-time free blocking of access to "pay-per- call" service.

The FCC and the State public utility commissions already have authority to take further action, where necessary. Congress should not specify in legislation requirements for further FCC actions. The FCC can adapt rules to changing market conditions while continuing to safeguard individual privacy. Continued regulatory scrutiny and monitoring, subject to congressional review and oversight, is preferable to legislation.