I think I really did not understand your question, because, as far as I can tell, there was an empty ServiceState constructor with the API level 1, which is publicly available. Therefore, if you need an instance, all you have to do is:
ServiceState serviceState = new ServiceState();
Edit: Now that I understand your situation, the only thing I can think of is that after registering PhoneStateListener you will receive an update in PhoneState (it may not have changed, but the event is fired so that you know the current value that I assume) . Therefore, the only workaround I can think of would be to continue registering phoneStateListener when you want to know the current value and cancel it when you no longer need it.
Hope that helps
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