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Greenberg Traurig - New York State Education Department

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<strong>Greenberg</strong><br />

<strong>Traurig</strong><br />

Christopher A. Cemik<br />

Tel. (518) 689-1410<br />

cemikc@gtlaw.com<br />

September 12, 2006<br />

VIA HAND DELIVERY<br />

Hon. George E. Pataki<br />

Governor<br />

Executive Chamber<br />

<strong>State</strong> Capitol<br />

Albany, <strong>New</strong> <strong>York</strong> 12224<br />

Re:<br />

S.8182-A (Marcellino)<br />

AN ACT to amend the environmental conservation law, in relation to wireless<br />

telephone recycling<br />

Dear Governor Pataki:<br />

This letter is advanced on behalfofour client, Cingular Wireless in regard to the<br />

above-entitled legislation. For the reasons stated herein, Cingular has no objection to the<br />

adoption ofthis legislation.<br />

Cingular Wireless has long recognized the importance of recycling and/or properly<br />

disposing of the electronic handsets obtained by its customers in conjunction with the<br />

provision of its wireless service. Indeed, as new and innovative products flourish in the<br />

highly-competitive, open market ofwireless service, the need for a comprehensive approach<br />

to recycling used handsets and the component parts has become more acute. To that end,<br />

Cingular Wireless, along with the other major wireless telecommunication suppliers, has<br />

established a nationwide program that involves accepting phones (including those from<br />

other wireless carriers) at no cost and either recycling them or disposing of them in an<br />

environmentally sound manner.<br />

As the nation's leading carrier of wireless services, Cingular believes that it has an<br />

obligation to take a leadership role in recycling and disposing ofelectronic handsets. At the<br />

same time, it normally eschews the enactment of statewide legislation that will force<br />

national telecommunication carriers to meet state-by-state requirements in the sale and<br />

distribution of a product that defies state boundaries. However, the sponsors of this<br />

legislation evinced a willingness to work closely with the national wireless carriers (all of<br />

which have in place a national policy for the recycling and disposal ofused handsets) in the<br />

development of a state policy that is generally consistent with accepted procedures for<br />

recycling, redistribution and disposal of used handsets, including, but not limited to,<br />

reprogramming used handsets for special purposes such as domestic violence programs.<br />

ALBANY<br />

AMSTERDAM<br />

ATLANTA<br />

BOCA RATON<br />

BOSTON<br />

CHICAGO<br />

DALLAS<br />

DENVER<br />

FORT LAUDERDALE<br />

lOS ANGELES<br />

MIAMI<br />

NEW JERSEY<br />

NEW YORK<br />

ORANGE COUNTY, CA<br />

ORLANDO<br />

PHILADELPHIA<br />

PHOENIX<br />

SILICON VALLEY<br />

TALLAHASSEE<br />

TYSONS CORNER<br />

WASHINGTON, o.c.<br />

WEST PALM BEACH<br />

WILMINGTON<br />

ZURICH<br />

<strong>Greenberg</strong> <strong>Traurig</strong>, lLP I Attorneys at law I 54 <strong>State</strong> Street I Albany, NY 122071 Tei 518.689.1400 I Fax 518.689.1499<br />

www.gtlaw.com

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