World Surveillance Group Inc (fka WSGI)

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FCC Loses Wireless Billing Case in Court

A federal court of appeals in Atlanta ruled that the US Federal Communications Commission (FCC) overstepped its authority when it told state regulatory bodies that they could neither require nor prohibit the use of line items on consumers' wireless bills. The issue is part of a wider effort by wireless carriers to keep states from regulating wireless services. States are permitted to regulate terms and conditions of bills but not rates, which are the purview of federal regulators. State regulators complained that wireless carriers were including line items that were not mandated by federal rules and were imposing surcharges and other fees that were questionable. In 2005, however, the FCC ruled that the states could not take action to stop the practice, which was also opposed by a national consumer advocates group. The Atlanta court ruled that the FCC "exceeded its authority when it preempted the states from requiring or prohibiting the use of line items. The scope of federal authority to regulate 'rates' or 'entry' does not include the presentation of line items on cellular wireless bills. This billing practice is a matter 'of other terms and conditions' that Congress intended to be regulable by the states." It is unknown whether the FCC will continue pursuit of the issue to the US Supreme Court.

from Telecom Daily

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