NATION FCC stands by its ban on calls to cell phones by telemarketers

Telemarketers say there's no way they can know a number is for a cell phone.
LONG ISLAND NEWSDAY
Whatever feelings consumers have toward telemarketers, the federal government has its own words: You can go to cell, but you'll have to pay.
Despite entreaties from telemarketers, the Federal Communications Commission will continue to ban most telemarketing calls to cellular phones, in spite of changes that make it more difficult to identify which phone numbers are wireless.
Under the rule, telemarketers cannot call cell phones using their most common time-saving devices, automatic dialers and prerecorded messages, effectively banning calls to cell phones. Such enforcement, which carries heavy fines, is viewed as especially important for cell phones, which often include charges for air time on incoming calls as well as outgoing.
Starting this week, consumers are able to switch their home phone number to a wireless phone, and telemarketers say they may end up accidentally calling a cell phone.
"There's no way for us to know whether it's a cell phone or a landline," said Tim Searcy, executive director of the American Teleservices Association, a telemarketing trade group in Indianapolis. "It would be very easy to make a mistake."
FCC response
But databases identify cellular numbers, and telemarketers should update their lists daily, if necessary, FCC spokeswoman Rosemary Kimball said. "We're not going to give them a safe harbor or anything like that," she said.
Searcy said the FCC hasn't told the telemarketing industry how to obtain a list of cell-phone numbers and how frequently to update it.
Another option to prevent telemarketing calls: Consumers can sign up for the do-not-call list, which prohibits all telemarketing except for calls from political entities, charities and companies who have a relationship with the customer.
The FCC may fine egregious violators based upon consumer complaints for calling cell phones or those on the do-not-call list. People can also sue the telemarketer for $500.