The Cellular Telecommunications and Internet Association, Motorola Inc. and others convinced the Illinois Supreme Court to stay the publication in USA Today last week of a notice of class-action litigation alleging privacy violations in connection with an epidemiology study funded by the wireless industry. The wireless industry, among other things, objected to the listing of more than 100 cellular phone companies in the class notice. The notice was scheduled to appear Nov. 7 in USA Today.
The Federal Communications Commission last week denied CTIA’s petition for reconsideration urging the agency to overturn its spectrum cap rules. The cap limits the amount of spectrum a company can own in a geographic area to 45 megahertz in urban areas and 55 megahertz in rural areas. In agreeing with the denial, FCC Commissioner Michael Powell said CTIA had not made any new arguments to overturn the cap. The FCC is expected to examine the spectrum cap before the end of the year as part of its biennial review to reduce regulations.
CTIA has asked a federal appeals court to allow it to join in a lawsuit brought by the United States Telecom Association against the FCC regarding whether the state of South Dakota can refuse to grant Western Wireless Corp. eligible telecommunications carrier status because Western does not serve the entire state. ETC status is necessary to receive universal-service funds.
The U.S. Supreme Court has agreed to drop a universal service case-that was scheduled for oral argument on Dec. 6-brought by the former GTE Corp. GTE, now part of Verizon Communications after its purchase by Bell Atlantic Corp., said the FCC was no longer asserting authority over state universal-service activities.
President Clinton last week signed a revised executive order on consultation with tribal governments saying “I have worked hard to change [past injustices] that by recognizing the importance of tribal sovereignty and government-to-government relations. The executive order is meant to ensure that all federal agencies consult with Indian tribes and respect tribal sovereignty as they develop policy on issues that impact Indian communities.
