trunk exchange number that cannot be used by consumers to contact the calling party will not 

constitute an abusive telemarketing act or practice. 

B. 

Authentication of Do Not Call Requests.  

To avoid abuses of any do  not call registry requirements that the Commission may adopt, 

and to ensure that the registry accurately reflects consumer preferences, the FTC should adopt 

reasonable authentication procedures to ensure that only listings from the line subscriber of 

record will be incorporated into the national suppression database.  Moreover, the FTC should 

allow telemarketers that obtain actual knowledge that a number included in the national registry 

has been reassigned to remove that number from their suppression lists.   

C. 

 Do Not Call Safe Harbor  Requirements. 

The  safe harbor  requirements contemplated by the NPRM provide that  sellers and

telemarketers must obtain and reconcile on not less than a monthly basis the names and/or 

telephone numbers of persons who have been placed on the Commission's national registry. 

105

This requirement would inflict unnecessary costs and burdens on sellers and telemarketers that 

do not execute campaigns or otherwise engage in telemarketing activity on a continuous or 

monthly basis.  Accordingly, the proposed safe harbor criteria should be amended to provide that 

sellers and telemarketers will not be liable for inadvertently calling a suppressed number if, 

within thirty days of making the call in question, they had obtained and reconciled their lists 

against the names and/or numbers in the Commission's national registry. 

D. 

Preemption of Conflicting State Regulation of Interstate Calls. 

If the FTC determines that it has preemption authority, Cox urges the Commission to 

preempt conflicting state law do  not call requirements that purport to apply to interstate 

105

 Proposed Rule   310.4(b)(2). 

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