telemarketing calls.  This limited preemption would drastically simplify the patchwork of 

disparate and sometimes conflicting state laws that apply to telemarketing today.  Preemption 

also would reduce the complexity, legal costs and administrative burdens associated with 

planning and executing interstate telemarketing campaigns, conserve judicial and law 

enforcement resources at the state level, and promote a better understanding of consumers' rights 

and solicitors' obligations with respect to telemarketing calls and transactions.  

Preemption of state do  not call laws that affect interstate calling also would honor 

Congress' judgment in connection with the TCPA that any federal do not call registry should 

supersede state do  not call lists and related procedural requirements.  The House Report on the 

TCPA recites that: 

if the FCC requires establishment of the [national do not call] 

database permitted in subsection c(3), State or local authorities' 

regulation of telephone solicitations must be based upon the 

requirements imposed by the FCC.  State and local authorities may 

enforce compliance with the database, or functionally equivalent 

system, or a segment thereof.

106

CONCLUSION 

Cox respectfully urges the Commission to modify its proposal to amend the 

Telemarketing Sales Rule as recommended above in order to ensure that the Commission will  

not impose unnecessary restrictions on legitimate business activities and the distribution of vital 

news, information and other protected content to consumers through telemarketing. 

Respectfully submitted, 

COX ENTERPRISES, INC. 

_________________________________ 

106

House Report on the TCPA, H.R. Rep. No. 102 317, at 25 (1991).

39