More groups weigh in on federal pre-emption

State groups said the Supreme Court need not review a lower court ruling that dealt with line-item charges on mobile-phone bills. The Supreme Court ruling struck down a Federal Communications Commission decision pre-empting states from regulating line-item charges on cellphone bills.
Sprint Nextel Corp. and T-Mobile USA Inc., the third and fourth largest cellular carriers, respectively, asked the high court in April to review the 2005 FCC pre-emption ruling by the 11th U.S. Circuit Court of Appeals in Atlanta. Other national mobile-phone carriers, cellphone trade association CTIA and the FCC decided not to join Sprint Nextel and T-Mobile USA in pursuing the appeal before the Supreme Court.
“Rather than demonstrating a real and intolerable conflict among the circuits, or a conflict with this court’s prior rulings, the petition for review is based on petitioners’ claim that the 11th Circuit erred in vacating the FCC’s declaratory ruling. This is not a sufficient basis for review,” stated the National Association of State Utility Consumer Advocates and the National Association of Regulatory Utility Commissioners. “Recognizing this defect in their argument, petitioners seek to elevate the importance of the 11th Circuit’s decision by mischaracterizing its impact, both on wireless consumers and on the statutory schemed for regulating wireless telecommunications.”
Congress in 1993 largely pre-empted states from regulating mobile-phone carriers, but reserved limited oversight to states. NASUCA and NARUC said the 11th Circuit correctly concluded wireless line-item fees do not fall within the scope of the 1993 law’s prohibition against state regulation of cellular rates, but rather within the “other terms and conditions” jurisdiction accorded to states.
Other pending suits and FCC rulemakings-several involving early termination fees-turn on the question of federal pre-emption.