The United States Telecom Association has asked a federal appeals court to delay an FCC order three days before new rules are supposed to go into effect requiring the nation’s largest local phone companies to allow customers to keep their numbers if they dump their landline phone service to defect to a wireless provider.
USTA and CenturyTel Inc. asked the U.S. Court of Appeals for the District of Columbia to stay the FCC order, claiming it violates federal law and intentionally favors the wireless industry over the wireline sector. The FCC released the portability rules Nov. 10 without prior public notice and opportunity for comment required under the Administrative Procedure Act, USTA alleged in court documents filed today.
“Moreover because wireless carriers have no comparable obligation to port numbers to LECs, the FCC’s rule favors wireless carriers over wireline carriers, in violation of basic statutory and regulatory principles that the FCC has previously embraced,” the court document stated. “The FCC itself … conceded that the rule creates circumstances where wireless carriers, but not wireline carriers, can take advantage of LNP.”
In an order released Thursday, the FCC denied USTA’s request to delay the portability requirements, refuting arguments that the top telecom regulator violated law and gave the wireless industry an unfair advantage. The FCC said the porting requirement is not a new obligation and therefore is not subject to the public notice USTA says is required before releasing such an order.
The regulator acknowledged there are instances in which wireless carriers are not required to port their numbers to a wireline provider, but the FCC said it sought public comment to facilitate porting in these circumstances. The FCC also said the petitioners had not demonstrated that the local phone companies would face a disadvantage, “much less that this harm will be substantial and irreparable,” in the interim.
On Monday wireless carriers also will be required to meet wireless local number portability requirements. They must allow customers to keep their number if they join another wireless carrier. Analysts say the rule removes one of the major impediments dissuading customers from leaving their current wireless provider.
