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fcclogo PUBLIC NOTICE

Federal Communications Commission
445 12th St., SW
Washington, D.C. 20554
News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555



WT 99-263
DA 99-1458

Released: July 28, 1999


PUBLIC COMMENT INVITED

COMMISSION SEEKS COMMENT ON PETITION OF THE WIRELESS CONSUMERS ALLIANCE, INC. FOR A DECLARATORY RULING ON COMMUNICATIONS ACT PROVISIONS AND FCC JURISDICTION REGARDING PREEMPTION OF STATE COURTS FROM AWARDING MONETARY DAMAGES AGAINST COMMERCIAL MOBILE RADIO SERVICE PROVIDERS FOR VIOLATION OF CONSUMER PROTECTION OR OTHER STATE LAWS

Comment Date: September 10, 1999; Reply Comment Date: October 12, 1999


On July 16, 1999, the Wireless Consumers Alliance, Inc. (WCA) filed a petition requesting a Declaratory Ruling on whether the provisions of the Communications Act of 1934, as amended, or the FCC's jurisdiction thereunder, serve to preempt state courts from awarding monetary relief against commercial mobile radio service (CMRS) providers for (a) violating state consumer protection laws prohibiting false advertising and other fraudulent business practices or (b) wrongful conduct in the context of contractual disputes and tort actions adjudicated under state contract and tort laws. Issues concern whether the award of monetary damages can be construed as state rate regulation as proscribed by section 332(c)(3)(A) of the Communications Act. Interested parties may file comments and reply comments in accordance with the procedures outlined below.

This matter shall be treated as a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules. 47 C.F.R. 1.1200(a), 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R. 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission's rules, 47 C.F.R. 1.1206(b).

Comments on the WCA petition must be filed with the Bureau by September 10, 1999, and reply comments by October 12, 1999. Parties should reference WT 99-263 in their comments. Parties may obtain the WCA petition at the FCC website, <http://www.fcc.gov/e-file/ecfs.html>. The WCA petition is available for public inspection and copying in the Reference Center, Room CY A-257, 445 12th St., S.W., Washington, DC 20554. Copies of the WCA petition also are available from ITS, at 1231 20th Street, NW, Washington, DC 20036, or by calling (202) 857-3800.

Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, including "get form <your e-mail address>" in the body of the message. A sample form and directions will be sent in reply.

Interested parties who choose to file by paper must file an original and four copies of their comments with the Office of the Secretary, Federal Communications Commission, 445 Twelfth St., S.W., Room TW-A325, Washington, D.C. 20554. In addition, parties should send two copies to Susan Kimmel, Policy Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 Twelfth St., S.W., Washington, D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington, D.C. 20036.

FOR FURTHER INFORMATION CONTACT: Susan Kimmel or Mary Woytek at (202) 418-1310. The address is: Policy Division, Wireless Telecommunications Bureau, Federal Communications Commission, 445 Twelfth St., S.W., Washington, D.C. 20554. The fax number is: (202) 418-8188. The TTY number is: (202) 418-0484.

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