2. 

The Commission should not single out Internet and Web services for 

selective regulation under the TSR.   

Cox urges the Commission reconsider and eliminate the proposal to single out for 

regulation under the TSR business to business telemarketing calls involving Internet and Web 

services.  This proposal, if implemented, would unfairly handicap the ability of many high speed 

Internet access and Internet based advertising services to compete effectively against stronger, 

unregulated competitors.  It also would slow the growth of vital segments of the Internet 

economy and undermine the high priority that both Congress and the administration have placed 

on the deployment of broadband Internet service and advanced communications services.  

3. 

Pre acquired billing information restrictions.  

The Commission should clarify that the proposed restrictions on the use of pre acquired 

customer billing information do not apply to  up selling  situations, and do not otherwise 

prohibit the transfers of customer billing information between sellers and third party sales agents 

soliciting on their behalf.  Read literally, the proposed Rule would appear to prevent sellers from 

receiving customer billing information acquired by its own contractors or sales agents through 

sales of its own products and services, if the seller later intended to use this information for 

purposes of  up selling  a customer in a future telemarketing transaction.  Whether billing 

information is obtained through a transaction conducted by a third party sales agent, or by a 

seller's own call center employees, a seller's internal use of its own customer information for 

purposes of up selling does not pose significant risks to consumers. 

continued

Burstyn, Inc. v. Wilson

, 343 U.S. 495, 501 502 (1952); (theatre); 

Southwestern Promotions Ltd. v. Conrad

, 420 U.S. 

546 (1975); (music without regard to lyrics). 

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