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                                  STATEMENT OF

                        COMMISSIONER ROBERT M. McDOWELL

   Re: Bright House Networks, LLC, et al., Complainants v. Verizon
   California, Inc., et al., Defendants.

   American consumers deserve the benefits that come from robust competition,
   especially in the telecommunications marketplace. It is the FCC's mission
   to promote such consumer-friendly competition. Additionally, Congress has
   required that we protect consumer privacy. Section 222 of the
   Communications Act clearly prohibits carriers from using confidential
   customer information for marketing efforts. Consistent with Congress's
   intent and Commission precedent in the long-distance context, today we
   carry out Congress's unambiguous mandate to protect consumer privacy in
   local markets as well.

   Carriers are free to initiate customer retention marketing campaigns
   before a consumer gives the order to switch from his or her current phone
   service provider to a new provider. Under the law, carriers are also
   permitted to launch "win-back" campaigns after consumers have switched.
   Today's action underscores long-held Commission policy that using
   proprietary customer information for marketing efforts cannot take place
   during the window of time when a customer's phone number is being switched
   to a new provider.

   Our March, 2007, action granting the Time-Warner petition for declaratory
   ruling on interconnection with incumbent LECs held that cable and other
   VoIP providers must be able to use local phone numbers and be allowed to
   put calls through to other phone networks. Our action then was premised on
   the belief that we were working to increase meaningful competition in
   local telephone service. Similarly, today's action ensures that consumers
   in all areas of the country reap the benefits of competition in the form
   of lower prices, innovative services and more choice.