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(110.) Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm'n, 447 U.S. 557, 564 (1980).

(111.) See, e.g., H.R. REP. No. 108-8 at 2 (2003) (citing a study that reports telephone marketing generated $274.2 billion in sales in 2001 alone). See also Statement of FTC, supra note 108, at 2 (citing a 2006 survey showing that 94% of American adults have heard of the registry, but only 76% have signed up for it).

(112.) See Statement of FTC, supra note 108, at 9-10.

(113.) Rules and Regs. Implementing the Tele. Consumer Prot. Act of 1991, 72 Fed. Reg. 71,099, 71,101 (Dec. 14, 2007) (codified at 47 C.F.R. pt. 64).

(114.) FCC, TRENDS IN TELEPHONE SERVICE (Feb. 2007), at 7-8, tbl.7.4, available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-270407A1.pdf.

(115.) Id.

(116.) U.S. CENSUS BUREAU, GEOGRAPHIC MOBILITY: 2002 TO 2003 (Mar. 2004), at 4, tbl.B, available at http://www.census.gov/prod/2004pubs/p20-549.pdf.

(117.) Id.

(118.) For example, New York City alone has five area codes, Los Angeles County has eight area codes, and Cook County, Illinois has eleven area codes.

(119.) See Statement of FTC, supra note 108, at 9.

(120.) See id. at 10 n.18.

(121.) See id.

(122.) Mainstream Mktg. Servs., Inc. v. Fed. Trade Comm'n, 358 F.3d 1228, 1245 (10th Cir. 2004).

(123.) Statement of FTC, supra note 108 at 10 n.19.

(124.) Id.

(125.) Id.

(126.) See Id. at 2 (estimating that seventy-six percent of American adults have signed up for the registry).

(127.) Annual Report, supra note 39, at para. 4.

(128.) Mainstream Mktg. Servs., Inc. v. Fed. Trade Comm'n, 358 F.3d 1228, 1245 (10th Cir. 2004).

Andrew L. Sullivant, J.D. Candidate 2009, Indiana University Maurer School of Law--Bloomington; B.A. Political Science 2005, San Diego State University. I am especially grateful to Professor Fred Cate for his helpful comments and suggestions. I would also like to thank Kellen Lynch for her support and editorial prowess, and my parents Bill and Tammy for their love and support.

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COPYRIGHT 2008 Federal Communications Law Journal Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.

Copyright 2008 Gale, Cengage Learning. All rights reserved. Gale Group is a Thomson Corporation Company.

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