I would argue that this issue would be something best under the jurisdiction of Federal Courts, not the FCC or States. Any service that is provided to a consumer for use in Multiple States, makes it overly encumbersome for the provider or consumer to have to address it legally with MULTIPLE State Courts. Not that I am saying that their is any Legal support for my above comments.
Tom DeReggi RapidDSL & Wireless, Inc IntAirNet- Fixed Wireless Broadband ----- Original Message ----- From: "Larry Yunker" <[EMAIL PROTECTED]> To: "'WISPA General List'" <wireless@wispa.org> Sent: Monday, June 02, 2008 12:12 AM Subject: Re: [WISPA] FCC changes > Whether it is the "job" of the FCC to ensure fairness with regards to > telecommunications contracts is yet to be determined. Traditionally, > STATE > COURTS have resolved contractual disputes. However, in 2005, a cell > carrier > named SunCom filed a petition with the FCC asking the FCC to declare that > early termination fees fall under "rate charged" doctrine and therefore > fall > under the exclusive jurisdiction of the FCC (thus blocking STATE COURTS > from > rendering decisions against the cell carrier). The FCC has held comment > on > the issue and was thought to be getting close to a ruling on the issue > when > SunCom suddenly and unexpectedly SETTLED their case (March 21, 2008) with > their client(s) and dropped the petition for the declaratory ruling. > > The net effect is that the FCC hasn't decided whether early termination > fees > as a contractual issue are strictly a FEDERAL issue to be decided by the > FCC > or if they are a traditional common law issue to be decided at the state > level. The meetings later this month may shed some further light on how > ETF's will be adjudicated in the future. It certainly appears that the > FCC > is moving towards regulation of the marketplace. > > Don't take my comments to be weighing in favor of FCC regulation of this > issue. I believe that state courts could certainly resolve these disputes > just as well as the FCC (albeit inconsistently across state lines). > Common > law contract law as well as consumer protection statutes would address > many > of the concerns that have been raised with regards to early termination > fees. The problem that we have today is that many state & federal courts > have placed litigation regarding early termination fees on hold UNTIL the > FCC declares whether or not they are going to completely preempt the field > of telecommunication termination fees. This indecision by the FCC has > held > up litigation for up to three years in state and federal courts. The main > thing that we need right now is definitive action of some sort so that > subscribers have rights either in state court or before the FCC and so > that > PROVIDERS have some sense of direction with regards to their obligations > or > limitations under common law and regulatory regimes. > > - Larry > > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On > Behalf Of [EMAIL PROTECTED] > Sent: Monday, June 02, 2008 12:12 AM > To: WISPA General List > Subject: Re: [WISPA] FCC changes > > > ++++++++++++++++++++++++++++++++ > <insert witty tagline here> > > ----- Original Message ----- > From: "Larry Yunker" <[EMAIL PROTECTED]> > To: "'WISPA General List'" <wireless@wispa.org> > Sent: Sunday, June 01, 2008 12:00 PM > Subject: Re: [WISPA] FCC changes > > >> Travis, >> >> I agree wholeheartedly that a customer should be held to the terms of a >> contract and certainly should be responsible for reading and accepting >> the >> terms of the agreement. >> >> The issue is that some contracts are designed to penalize rather than >> recoup >> costs. > > > Again... So? It is not the job of government to "ensure" that everything > a > > customer chooses to do is "made fair" for him. > > > > > ---------------------------------------------------------------------------- > ---- > WISPA Wants You! Join today! > http://signup.wispa.org/ > ---------------------------------------------------------------------------- > ---- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: wireless@wispa.org > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
