[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[Extensions of Remarks]
[Page E2037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REGARDING THE ``TELECOMMUNICATIONS COMPETITION AND CONSUMER PROTECTION 
                       ACT OF 1998'' (H.R. 3888)

                                 ______
                                 

                         HON. MICHAEL P. FORBES

                              of new york

                    in the house of representatives

                        Friday, October 9, 1998

  Mr. FORBES. Mr. Speaker, I rise today in strong support of the 
``Telecommunications Competition and Consumer Protection Act of 1998'' 
(H.R. 3888).
  Enactment of the ``Telecommunications Competition and Consumer 
Protection Act of 1998'' is critical to end the problem of 
``slamming,'' that effects more than 20,000 consumers a year, according 
to the General Accounting Office. This legislation imposes a set of 
requirements that, when implemented by the industry, will eliminate the 
financial incentive for any carrier to make illegal changes in a 
consumer's selection of his or her telecommunications carrier.
  Equally important are changes that I pressed for and that were made 
to the bill when it was marked up by the full Commerce Committee. This 
legislation avoids imposing burdens that will be as extensive or 
intrusive as some traditional rules and regulations placed on the 
telecommunications industry, while taking away the financial incentive 
for a carrier to engage in ``slamming.''
  The ``Telecommunications Competition and Consumer Protection Act of 
1998'' takes the approach of encouraging telecommunications providers 
to abide by a code of contact that includes a self-policing mechanism. 
While this type of code is a common practice in many industries, it has 
yet to be adopted by telecommunications providers in the context of 
protecting consumers from ``slamming.'' H.R. 3888 encourages the 
industry, under the direction of the Federal Communications Commission, 
to put in place the requirements of such a code. Under the code 
approach, the Commission shall engage in limited and minimal regulatory 
oversight; it will serve as a backstop, ensuring the proper code 
provisions are in place and, where appropriate, punishing those who 
willfully violate the code. By agreeing to adhere to the code, carriers 
can avoid more burdensome regulation and the significant civil 
penalties that can be imposed against companies that fail to follow the 
code and ``slam'' unsuspecting consumers.
  This bill strikes the proper balance and I believe it will stop the 
unacceptable practice of ``slamming.'' I urge my colleagues to support 
it.

                          ____________________