WASHINGTON-Challenges to a Federal Communications Commission decision extending truth-in-billing to mobile phone carriers-without banning line-item regulatory recovery fees-are now pending in two federal appeals courts.
The Vermont Public Service Board is contesting the FCC’s truth-in-billing order-which also pre-empted state regulation of line-item fees-in the 2nd U.S. Circuit Court of Appeals in New York.
Late last month, the National Association of State Utility Consumer Advocates-which had petitioned the FCC to declare that line items other than taxes or charges levied by state, local and federal agencies are banned-announced it filed an appeal in the 11th Circuit in Atlanta.
The Vermont and NASUCA appeals could be combined at a later date.
However, the NASUCA appeal appears already to have run into trouble.
On April 11, the 11th Circuit said it may lack jurisdiction over the NASUCA appeal. The question at issue is whether the court can act on the NASUCA challenge in view of the fact that the FCC issued a further notice of proposed rulemaking at the time it decided other truth-in-billing issues at the agency’s March 10 open meeting.
Specifically, the FCC is seeking comment on tentative conclusions that non-tax line items-such as fees levied by cell-phone companies for E911, local number portability and the universal service fund-must be located in a section of the bill separate from government-imposed charges; that carriers must disclose to consumers the full rate-including any non-mandated line items as well as an estimate of government-imposed surcharges-at the point of sale; and that state truth-in-billing regulations that are inconsistent with federal guidelines are pre-empted.
“If it is determined that this court is without jurisdiction, this appeal will be dismissed,” the 11th Circuit stated.
Wireless billing has proven fertile ground for class-action lawsuits and state scrutiny in recent years.
