In essence, the federal government should not be telling the States how to craft their tort law. Wireless carriers ARE NOT public utilities. They DO NOT participate in the tariff structure by which states agree to some privileges for the utility in exchange for the utility's providing a service to all citizens in the State. Public utilities are regulated. Wireless providers ARE NOT .
Public utilities agree to a fee structure that is negotiated with each state .
Wireless carriers are free to set whatever price structure they choose for the service they offer. They are private corporations free to create their own service plans for their customers. For-profit corporations DO NOT need immunity from liability claims from customers just for being in business. They can easily build into their fee structures whatever they need to meet liability claims. It is only logical that this expense should fall to the provider offering the service and the customers who choose to use it, and not to the general public.