STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH
CONCURRING IN PART, DISSENTING IN PART

As I stated in the original Order of Forfeiture, I support the Commission's decision to impose a substantial fine for "slamming" on Business Discount Plan. ⁽¹⁾ However, I respectfully dissent from the Commission's imposition of additional forfeitures based on allegedly misleading advertising claims under Section 201 (b). As I have described extensively elsewhere, I believe the Commission should not assert jurisdiction over carriers' advertising practices because: (1) the Commission's statutory authority in this area is, at best, scant; (2) the FCC has not promulgated advertising guidelines through a transparent or open procedural process; (3) the states have greater expertise in this area and are fully capable of resolving these issues; and (4) the Commission's resources are better spent on regulatory activities squarely within its statutory authority. ⁽²⁾ I continue to believe that the Commission's forays into the world of advertising regulation are an unfortunate distraction from the other important (and clearly statutorily authorized) work of the Commission.