UNITED STATES OF AMERICA
                             FEDERAL TRADE COMMISSION
                              WASHINGTON, D.C. 20580
OFFICE OF THE SECRETARY


                                             December 23, 1993




The Honorable Bob Kerrey
United States Senate
7602 Pacific Street, Suite 205
Omaha, Nebraska 68114

Dear Senator Kerrey:

     Thank you for your letter on behalf of            XX       (b)(6)
of Omaha, who has encountered difficulty acquiring a touch tone
telephone from AT&T. As you may know, the Federal Trade
Commission has been directed by Congress to act in the interest
of all consumers to prevent deceptive or unfair practices and
unfair methods of competition, pursuant to the Federal Trade
Commission Act, 15 U.S.C.  41 et seq. In determining whether to
take enforcement or other action in any particular situation, the
Commission may consider a number of factors, including the type
of violation alleged; the nature and amount of consumer injury at
issue and the number of consumers affected; and the likelihood of
preventing future unlawful conduct and securing redress or other
relief.

     I would like to emphasize that letters from your
constituents provide valuable information that is frequently used
to develop or support Commission enforcement initiatives. I
should not, however, that the practices to which       XX         
refer fall within the jurisdiction of the U.S. Department of
Justice.  I have therefore taken the liberty of forwarding your
correspondence to the Department for their review. Please let us
know whenever we can be of service.

                                         Sincerely


                                         Donald S. C1ark
                                         Secretary

cc: Office of Congressional Liaison
    U.S. Department of Justice
    Constitution and 10th Street, NW.
    Washington, D.C. 20530

01-03001