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http://www.omniture.com --> Sections Home Page Local News AP News Blogs Archives Business Classifieds Event Calendar Classic Forums Forums Life Opinion Obituaries Multimedia Photo Gallery Readers Photo Gallery Sports Tempo Weather Road Cams Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Distinctly Northwest Women in Business Homelife Magazine Joy Magazine Oregon Golf Info Oregon Wine Info Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Customer Service Advertise With Us Place Classified Ad Contact Us FAQ's Home Delivery Site Map Email Story to a Friend April 18, 2007 Court upholds FCC's regulatory power It says companies can sue over alleged violations of U.S. communications law By PETE YOST The Associated Press WASHINGTON — The Supreme Court on Tuesday upheld the right of companies to sue over alleged violations of federal communications law and reinforced the regulatory authority of the Federal Communications Commission. In a 7-2 decision, the court said that pay-phone provider Metrophones Telecommunications Inc. may pursue a suit against Global Crossing Telecommunications Inc. At issue are payments for coinless calls on Metrophones' payphones over Global Crossing's network. The calls involve special access codes such as 1-800 or 10-10-220. Global Crossing says past Supreme Court decisions make clear that a right to sue must be based on a violation specified in law rather than in regulations. The federal government had said that Global Crossing's position would undermine the FCC's enforcement authority, transforming much of the agency's policing function "into an essentially useless irrelevancy." Advertisement It is well within the FCC's authority to find that failing to make such payments is an "unreasonable practice," Justice Stephen Breyer wrote in the majority opinion. In dissent, Justice Antonin Scalia said the court's decision "conflicts" with federal communications law requirements because, he said, the FCC has never found that Global Crossing specifically violated the regulation. Global Crossing's lawyers said that nothing in communications law requires carriers to compensate pay phone operators for coinless calls, much less the 24-cent-per-call rate specified in federal regulations in 1999-2001, the time frame that is at issue in the case. The 9th U.S. Circuit Court of Appeals had held that the law's general prohibition against "unjust and unlawful" practices enabled Metrophones to sue. The commission issued an order in 2003 applying the "unjust and unlawful" language to address concerns of pay phone providers like Metrophones. Communications law does not expressly mention many practices which the commission has moved aggressively to stop. The practices include unauthorized switching of telephone carriers, called "slamming;" negligent disconnection of phone numbers and unreasonable directory assistance practices; charging customers for rejected collect calls. deceptive marketing practices; violations of number portability rules; and failure to comply with terms of a merger. The case is Global Crossing v. Metrophones, 05-705. On the Net: http:www.supremecourtus.gov/ Would you like to respond to this story? If so Click Here to visit our forums. Advertisement Copyright © 1997-2007 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems Online Casino Reviews Trunks, Footlocker Fundraisers UK Homeowner Loans Casinos Canada Cord Blood Banking Discount Hotel Reservations Texas Electric Choice Compare Electric rates in Texas Online Casino Windermere Van Vleet Men's Clothing Debt Help New Hampshire Primary