IRVINE, Calif.-A federal court in Santa Ana, Calif. has ordered The Cellular Extension Co. to stop creating so-called “extension phones” that duplicate the electronic serial numbers from carrier-activated phones.
In a lawsuit brought by AirTouch Communications Inc., the court ruled that the defendant was violating Federal Communications Commission orders and regulations banning the imitation of ESNs on cellular phones, AirTouch said. Emulation might be attractive in families where more than one person carries a phone but a single cellular number would be sufficient. Phones that emulate an activated ESN aren’t billed for monthly service charges, only for the airtime used.
“AirTouch Cellular is pleased that the District Court in Santa Ana agrees with the FCC ruling that cellular extension phones and ESN emulation are illegal,” said Brian Jones, executive vice president and general manager of the company’s Los Angeles market.
“This is just another form of cellular fraud, and we will continue to take strong action to stop this practice,” he said.
The court also ordered The Cellular Extension Co. to provide AirTouch with its business records pertaining to the altered phones, including names, addresses and telephone numbers of customers for whom the company emulated phones.
An AirTouch spokesperson said her company doesn’t know how many customers use emulated phones but intends to make them aware that emulated phones are illegal and get them converted to a legitimate second phone.
Although the cellular industry has fought and won more than a dozen lawsuits against emulators, this is reportedly its first victory in California. AirTouch also has sent cease-and-desist orders to other emulators in its market, the spokesperson said>
