States Closer To Regulating Wireless Bills
Oct 9, 2006, 3:02 PM by (staff)
The FCC has lost a round to the states in the fight over who has the right to regulate wireless billing practices. A three judge panel in the 11th Circuit Court of Appeals has ruled that the FCC cannot pre-empt the states' right to define billing practices for wireless carriers and other utilities. The states are not attempting to regulate how much carriers charge, but rather how the carriers list and present charges. The FCC's domain over distributing and defining spectrum is not in question. The FCC will ask the 11th Circuit Court re-hear the case. Previous decisions from the 11th and 8th Circuit Courts gave the FCC the right to pre-empt states' consumer laws that affected wireless carriers' billing practices. The 8th Circuit Court ruling still stands, however the Supreme Court is expect to decide this week whether it will hear an appeal on the case.
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