The 11th U.S. Appeals Court, Atlanta, modified its truth in billi...
The 11th U.S. Appeals Court, Atlanta, modified its truth in billing decision to make clear it didn’t intend to throw out the entire March 2005 FCC order. The FCC and the CTIA had asked the court to change the…
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“ordering clause” of the ruling to clarify that the court was dealing specifically with issues NASUCA raised (CD Aug 2 p1). The court voided an FCC finding that state rules requiring or barring line items on mobile carrier bills are rate regulation preempted by federal law. The decision is seen as a loss for wireless carriers and the FCC. The court agreed to a new ordering clause: “Because the Communications Act allows the states to regulate line item billing for wireless services, we grant the petitions for review filed by the State Consumer Advocates and the State Utility Regulators, vacate the preemption ruling set forth in the Declaratory Ruling in the Second Report and Order, and remand the case to the Commission.” CTIA, but not the FCC, has asked the 11th Circuit to rehear the decision en banc, but that’s considered unlikely, sources say. More likely: A Supreme Court appeal.