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  SEPARATE STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH


Re: Vista Services Corporation, Apparent Liability for 
Forfeiture, File No. ENF 99-10 (rel. --, 2000).  

     I concur in today's decision to impose a significant 
forfeiture against Vista Services Corporation based on their 
violations of our slamming rules. Although not relevant to 
the merits of the forfeiture, the Order does contain dicta 
asserting jurisdiction over deceptive advertising practices 
by long distance carriers.1   I write separately to note my 
continued concern with the Commission's excursions into 
advertising regulation.2 
_________________________

1 ¶ 11. 
2  See Separate Statements Of Commissioner Harold 
Furchtgott-Roth in: Business Discount Plan, FCC 00-239 (rel. 
July 17, 2000), petition for recon. pending; Joint FCC/FTC 
Policy Statement for the Advertising of Dial-Around and 
Other Long Distance Services to Consumers, 15 FCC Rcd 8654 
(2000).   See generally, Harold Furchtgott-Roth and Bryan 
Tramont, Commission on the Verge of a Jurisdictional 
Breakdown: The FCC and its Quest to Regulate Advertising, 8 
Comm. Law Conspectus 219 (Winter 2000)**