September 17, 1998
                                
                                
                      SEPARATE STATEMENT OF
               COMMISSIONER HAROLD FURCHTGOTT-ROTH

      Re: Notice of Proposed Rulemaking, Truth-in-Billing and Billing Format; 
           (CC Docket 98-170)  


     While I support the adoption of this item, I write separately to express my concerns
with this agency's direct involvement in commercial billing issues and whether this exercise is
a wise use of limited Commission resources.  

     First, I have deep reservations about the extent of the Commission's authority over the
commercial relationship between carriers and their customers.  I am not convinced that the
Commission has specific statutory authority to regulate a bill's description of that commercial
relationship or even the truthfulness of that correspondence.  I am especially concerned,
however, about regulation of billing when there is nothing factually inaccurate about the
carrier's description but it does not reflect the government's preferred explanation.  In this
regard, I echo Commissioner Powell's concern that the proposals contained in this item not be
used to pressure carriers, even indirectly, to remove or alter any current line items or charges;
neither should these proposal be interpreted as suggesting that carriers have misrepresented any
facts.  I appreciate that this Notice is indeed sensitive to these issues, however, and that it
seeks comment on the extent of the Commission's jurisdiction in this area.  For those reasons,
I support the item and encourage parties to comment on the limits of this agency's authority.  

     Second, as this item acknowledges, there are other federal agencies that may have
overlapping or concurrent jurisdiction with regard to these billing issues.  In particular, the
Federal Trade Commission may have not only overlapping jurisdiction but more direct
authority, as well as considerably more expertise in the area of consumer protection and fair
advertising.  As such, I am reluctant to devote what will be considerable FCC staff resources
to these issues when another agency may have substantially more staff that specialize in
consumer fraud issues.