Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                  STATEMENT OF

                        COMMISSIONER ROBERT M. McDOWELL

   Re: 1^st Source Information Specialists, Inc., d/b/a,
   Apparent Liability for Forfeiture, Notice of Apparent Liability for
   Forfeiture, EB File No. EB-05-TC-059; FRN 0014762439; NAL Acct. No.

   Today's action is just one part of a broader effort by this Commission to
   ensure the protection of customer proprietary network information ("CPNI")
   and address concerns that this information may have been improperly made
   available to third parties in violation of our rules. By issuing this
   Notice of Apparent Liability, we make clear that we will not tolerate the
   refusal of companies such as data broker 1^st Source Information
   Specialists, Inc., d/b/a/ ("LocateCell") to cooperate with
   lawful requests for information related to alleged violations of our
   rules. It is critical that we take a firm stand against those that would
   obstruct the Commission's statutory authority to investigate matters
   pertaining to CPNI.

   LocateCell is not the only company from which the Commission has sought
   information. Our Enforcement Bureau has been actively investigating a
   number of these data brokers, many of which have advertised the
   availability of records of wireless subscribers' incoming and outgoing
   telephone calls, as well as certain landline toll call records, for a fee.
   The Bureau is also investigating the alleged failure of carriers to
   certify compliance with our CPNI rules, and is vigorously pursuing
   non-compliant companies. These investigations will continue, and I thank
   the Bureau for its work in moving these initiatives forward.

   In addition to these investigatory actions, the Commission is actively
   engaged in a rulemaking that examines the need for tougher privacy rules,
   including an analysis of measures proposed by the Electronic Privacy
   Information Center (EPIC) intended to more adequately protect CPNI. I look
   forward to closely coordinating with my colleagues on the important issues
   under consideration in this related proceeding.

   The depth and breadth of these undertakings illustrate the seriousness
   with which the Commission views its role in ensuring the security of CPNI.
   I commend the Chairman for his steady, reasoned leadership on these
   multiple fronts.

   Like most Americans, I am deeply troubled by reports of companies
   unlawfully obtaining and marketing personal telephone records. The
   Commission has a vital obligation to protect the privacy and security of
   customer telephone records from those entities that would seek to acquire
   that information through unlawful means. Improperly exposing call records
   - which indicate who is being called, how long the call lasts, and, in the
   wireless context, the physical areas within which a given call is placed
   and delivered - is a grievous invasion into the victim's personal life.

   We cannot compromise our ability to protect customers' private telephone
   records from unauthorized disclosure. We will not tolerate LocateCell's
   refusal to cooperate with our investigation. For these reasons, I support
   today's decision to issue a Notice of Apparent Liability to and forfeiture
   against LocateCell.