Suit continues despite PCS improvements in Ann Arbor

By Louie Meizlish

Daily Staff Reporter

As a lawsuit against Sprint PCS for alleged poor service continues, several of the student plaintiffs in the case have reported their cellular phones have been working substantially better throughout the last few months.

"It's been better. In the beginning of the year it was really hard to make or receive phone calls and all I got was 'All circuits are busy' messages," Art and Design senior Matt Rosten said.

"I only get that maybe once or twice a week now," he added.

University students and employees make up the majority of the nearly 130 plaintiffs in the case, which was filed Nov. 14.

The plaintiffs claim that although Sprint advertised that the company provided adequate coverage in Ann Arbor, users in the area often could not make or receive calls.

Despite the apparent improvement in service, lawyer William Stern of Southfield is continuing the suit, on the grounds Sprint should give restitution to consumers in the Ann Arbor area whose service was disrupted in the early fall.

Marc Elliott, senior public relations manager with Sprint PCS for the Great Lakes area, said, "We realized there was a capacity problem and we stepped up to the challenge to improve service."

The suit, originally filed in Washtenaw County Circuit Court, was remanded to Federal District Court in

Detroit at Sprint's request. Stern, of Southfield, said he is fighting to get the lawsuit remanded back to Washtenaw.

"Claims involving misrepresentations concerning the extent of cellular service fall within state consumer protection laws and the state common law are not preempted by federal law," Stern wrote.

Sprint contends the lawsuit should either be dismissed by U.S. District Judge Julian Cook, or sent to the Federal Communications Commission where, officials said, grievances with cellular phone companies should be aired.

"The matters of which plaintiffs complain are matters that should be decided by the FCC based on its specialized knowledge and experience," Sprint lawyers wrote in their motion to remand the case to federal court.

Stern disagreed. "You don't require a scientist with technical experience to tell you whether your phone is working or not," he said.

Sprint "would like it to go to the FCC because I don't think they (the FCC) have to certify it as a class action lawsuit," Stern said. Stern has already filed a motion in Washtenaw County and federal courts to deem the suit a class action.

Sprint also argued that federal courts have decided that complaints of poor service constitute attacks on the rates and such a complaint belongs in federal court.

Sprint lawyers wrote, "PCS providers are not required to wait until their infrastructures are fully developed before offering service."

Stern said he agreed with that argument, but that his complaint is one of deceptive advertising, a claim that belongs in state court.

"They (the FCC) wanted to give encouragement to these companies to come in and increase competition. The problem is that the FCC does not give them the right to misrepresent their coverage."

"They had basically no coverage in central Ann Arbor but they advertised solid coverage there," he said.

A hearing in federal court is scheduled for March 8.

BRENDAN O'DONNELL/Daily

LSA freshman Terry Smith uses his cell phone in the Harlan Hatcher Graduate library yesterday.