WASHINGTON-The Federal Communications Commission has asked a federal appeals court in Atlanta to delay setting a briefing schedule for challenges to the agency’s truth-in-billing decision to avoid a confusing hodgepodge of filings.
The FCC told the 11th U.S. Circuit Court of Appeals the deadline for judicial review of the portion of the FCC decision under attack is July 24, or about a month after opening briefs are currently due.
“In order to avoid the possibility of a piecemeal briefing and review of the same order, we respectfully ask the court to defer the start of the briefing cycle until Sept. 2, 2005-40 days after the last day on which any petitions for review of the Truth-in-Billing Order may be filed,” the FCC stated.
The FCC’s request is supported by the National Association for State Utility Consumer Advocates and the Vermont Public Service Board-the two entities appealing the FCC ruling-as well as intervenors that include the National Association of Regulatory Utility Commissioners, mobile-phone carriers and cell-phone association CTIA.
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.
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.
The FCC last Friday was set to receive public comment on, among other things, the distinction between government-mandated fees and other charges, as well as whether it is unreasonable to combine federal regulatory charges into a single line item.
