[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[Senate]
[Page 27297]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petition or memorial was laid before the Senate and was 
referred or ordered to lie on the table as indicated:

       POM-221. A resolution adopted by the General Court of the 
     Commonwealth of Massachusetts relative to the early 
     termination fees imposed by cellular telephone companies; to 
     the Committee on Commerce, Science, and Transportation.
       Whereas, the issue of early termination fees imposed by 
     cellular phone companies is one of great importance to the 
     citizens of the Commonwealth of Massachusetts; and
       Whereas, lawsuits by customers adversely affected by early 
     termination fees have been filed in courts in California, 
     Florida and Illinois; and
       Whereas, a ``petition of the Cellular Telecommunications 
     and Internet Association for an expedited declaratory 
     ruling'' has recently been filed with the Federal 
     Communications Commission (FCC); and
       Whereas, the major cellular phone companies are now 
     mounting efforts to preempt strong State consumer protection 
     statutes in an effort to circumvent legal challenges in a 
     number of States by their petition to the FCC on March 15, 
     2005; and
       Whereas, this petition from the cellular phone industry 
     requests that early termination fees should not be defined as 
     penalties designed to restrict consumer choice, but rather as 
     part of the rates that the companies charge their customers 
     for cellular phone services; and
       Whereas, recent reports dispute the industry's claims and 
     find that 89 per cent of consumers believe that early 
     termination fees are used as penalties to prevent consumers 
     from shopping for better, more fairly-priced service; now 
     therefore be it
       Resolved, that the Massachusetts General Court joins and 
     asks the Federal Communications Commission to deny the 
     ``petition of the cellular telecommunications and internet 
     association for an expedited declaratory ruling'' and that 
     the FCC not recognize early termination fees as part of a 
     company's rate structure and allow for continued State 
     action; and be it further
       Resolved, that the Massachusetts Senate memorializes the 
     Federal Communications Commission, the Bush Administration, 
     and Congress of the United States not to take any steps 
     requested by cellular phone companies of their industry 
     representatives that are designed to prevent cellular phone 
     companies from being held legally accountable at the local, 
     State of Federal levels, for the negative impacts of early 
     termination fees; and be it further
       Resolved, that a copy of these resolutions be transmitted 
     forthwith by the Clerk of the Senate to the Federal 
     Communications Commission, President George W. Bush, and the 
     members of the United States Congress from the Commonwealth 
     of Massachusetts.

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