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TEMPORARY END IN SIGHT TO GOVERNMENT SHUTDOWN

The Federal Communications Commission and the rest of the federal government could re-open this week but close again later this month if the GOP-led Congress and the Clinton administration fail to agree on a seven-year balanced budget plan.

A House Republican proposal, which Congress was expected to approve Friday and President Clinton planned to sign, would send 280,000 furloughed government employees back to work today at full pay through Jan. 26 and also compensate them with back pay since Dec. 16.

Congress is unlikely to vote on telecommunications reform legislation until a budget compromise is reached.

Emulator found innocent by Kentucky federal jury

A federal jury has found a Kentucky man innocent of charges that his emulation business was criminal activity.

Don Billy Yates Jr. was indicted on four charges in November, including in tent to defraud and trafficking intent to derfrraud and trafficking in altered telecom equipment to obtain unauthorized use of telecommmmmunications service.”

Until he was arrested, Yates operated a cellular phone extension business in Lexington, Ky. Customers were cellular phone users who paid to have the electronic serrrial number off their cellular phone added to a second cellular phone, creating an “extension.”

Cellular operators oppose emulation, saying the Federal Cimmunicatioons Commission has stated that every cellular phone must have an original ESN. Horizon Cellular, doing business as Cellular One in Lexington, had sought the charges against Yates.

“We are disappointed by this vertict,” said Daniel Ambrosini, Horizon’s head of revenue assurance. “As a carrier, we were defrauded of access fees every month, period.”

Yates’ attorney, R. Bual McCoy of Lexington, said his client had permission from the owner of the phone to emulate its ESN onto another phone. “The (ESN) numbers weeren’t conterfeit. We made the argument that the cellular operators don’t own the phone. If I buy one, I own it, don’t I?” McCoy said.

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