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                                                   Separate Statement
                             of
                  Commissioner Susan Ness
  
       Re:  Telecommunications Carriers' Use of Customer Proprietary Network Information
       and Other Customer Information (CC Docket Nos. 96-115, 96-98).
  
  
  Yesterday the Commission adopted rules implementing section 222(e) of the
  Telecommunications Act pertaining to subscriber list information.  Regrettably, it has
  taken the Commission over three years to complete this rulemaking proceeding.  
  
  I write separately because, unlike the majority, I would have decided the issue
  regarding Internet databases that contain subscriber list information.  Section 222(e)
  entitles directory publishers to obtain subscriber list information "for the purpose of
  publishing directories in any format."  The majority seeks further comment on whether the
  phrase "directories in any format" encompasses Internet databases.  To me, the statutory
  language is clear on this point   "in any format" necessarily includes directories published
  in an electronic format.  Indeed, at least one Bell company markets its Internet database
  containing subscriber list information as "The Real White Pages."  We are, after all, living
  in an electronic age.  The Internet has increasingly become an important part of our
  everyday lives. By not deciding this issue -- particularly in light of the length of time that it
  has taken the Commission to complete this proceeding -- we postpone the day that
  competitive directory publishers (and, thus, Internet-savvy consumers) will reap the pro-
  competitive benefits envisioned by Congress.