WASHINGTON-Legal challenges to the Federal Communications Commission’s new wireless truth-in-billing rules appear likely to be heard in the 11th U.S. Circuit Court of Appeals in Atlanta.
Last month, the court sought comment on whether it had jurisdiction over the case because of uncertainty about whether the FCC decision was indeed final.
The FCC in March extended truth-in-billing regulations to mobile-phone carriers, but rejected a consumer group’s request to ban line-item regulatory recovery fees charged by mobile-phone carriers to offset the cost of implementing federal mandates such as local number portability, enhanced 911 and universal service fund contributions. In addition, federal regulators pre-empted state regulation of line-item charges.
At the same time, the FCC sought further comment on other billing-related issues not decided at the time of the March 10 ruling. The initiation of a further notice of proposed rulemaking caused the 11th Circuit to ask whether the truth-in-billing decision was final and could be taken up by the court.
The FCC has now told the 11th Circuit the truth-in-billing decision “would be a final order for purposes of judicial review.” As such, the 11th Circuit is more apt to keep the case instead of dismissing the appeal.
The National Association of State Utility Consumer Advocates-the group whose petition prompted the latest FCC truth-in-billing action-and the Vermont Public Service Board appealed the agency’s decision.
Mobile-phone operators had opposed any extension of truth-in-billing regulation to the wireless sector, but the industry chose not to appeal the FCC action. However, several cellular operators have been granted permission by the court to participate in the case as intervenors.
