Early Termination Fees Spark Wireless, Consumer Clash

摘要

The FCC should issue a ruling declaring that wireless early termination fees (ETFs) constitute "rates charged" under section 332 of the Communications Act of 1934, as amended, thus preempting states from regulating them, the wireless industry says. But consumer groups disagree, saying that ETFs fall under the "other terms and conditions" portion of section 332 or consumer protection laws and thus can be regulated by states. The two sides filed comments Aug. 5 in Wireless Telecommunications dockets 05-193 and 05-194 in response to three petitions asking it to rule on whether state regulation of ETFs is preempted by section 332, which forbids states from regulating wireless rates or entry but permits it to regulate "other terms and conditions."