Sprint Communications Company L.P.

Sprint Communications Company L.P. (Sprint) argues that an acceptable "error rate" should not be mandated upon the industry. Sprint states that, in its experience, abandoned calls are a small number of total calls and Sprint has implemented protocols to keep them at minimal levels. If an error rate is adopted, Sprint states that a 5% error rate measured on a monthly basis is reasonable.

Sprint argues that adoption of the proposed rules will significantly harm it, since the use of autodialers is an important part of Sprint's customer communications and marketing. Moreover, as a national company, Sprint states that it would face significant costs if California adopts rules that differ significantly from rules in other states. Finally, Sprint argues that the rules cannot be implemented immediately, and it would require an extended period of time to make the technical changes to bring its telemarketing and record-keeping operations into compliance.

As to record keeping, Sprint states that it does not now maintain records of all calls made where no agent is available to speak to a called party. It also does not keep records of the date and time of calls, the numbers called and the number from which such calls originated. According to Sprint, "While records tracking monthly performance levels could be compiled and maintained in a cost effective and efficient manner ..., the detail required by Proposed Rule 2 would require construction of an expensive new database capable of storing enormous volumes of information." Sprint also urges that records be maintained for one year rather than three years.