Subject: [NEXTEL-1] Court Rejects USTA's LNP Stay Request

From: [email-masked]
Date: Fri, 05 Dec 2003 12:24:05 -0500

=====================================================================
Wireless Week
Breaking News Alert
December 5, 2003
=====================================================================

Court Rejects USTA's LNP Stay Request
By Mark Rockwell

WASHINGTON -- The high-profile, 11th hour battle waged by wireline
carriers against wireline-to-wireless number porting in the D.C.
Circuit Court of Appeals by the United States Telecom Association
looks to be failing, but not completely dead, as the court rejected
USTA's stay request late yesterday afternoon

USTA had asked the court in the days before the Nov. 24 LNP deadline
to "temporarily stay" the rules pending a deeper review of the case.
USTA argued the FCC's rules on wireline-to-wireless LNP were new
procedurally and wireline carriers didn't get a chance to argue their
case before the rules went into effect. It also said wireline carriers
could suffer "irreparable harm" as the rules went into effect. The
court rejected the stay, noting "petitioners have not demonstrated the
irreparable injury requisite for the issuance of a stay pending
review." Wireline carriers still see the door ajar for further action
from the court, however, analysts say.

The USTA's initial stay request was the first step in a process that
has yet to be played out completely, says Rudy Baca, vice president
and global strategist at Precursor, a Washington, D.C.,-based market
analysis company. The court can give further consideration on "the
merits" of the USTA case, specifically certain harms done directly to
the plaintiff. USTA has to prove "irreparable" harm done to it by
implementing LNP, according to its arguments. Given the fact the court
expedited the stay request and the high-profile nature of LNP, it
probably will move pretty quickly on this, Baca says.

Reaction was predictable. In statements issued after the decision
yesterday afternoon,  wireline carriers put the best possible spin on
the news while wireless carriers crowed.

"While we are disappointed that the court will not temporarily delay
porting between wireline and wireless carriers to ensure full
competition for consumers, we look forward to the court's review based
on the merits of our appeal of the commission's discriminatory order,"
said Walter McCormick, USTA president, in a statement following the
court's action.

"This is the right decision for consumers," said Steve Largent,
president and CEO of CTIA. "Congress and the FCC shared a clear
message -- wireline consumers deserve the same choices and freedoms
that wireless consumers enjoy.  Now that the courts have made the
decision for full competition unanimous, we should put the legal
wrangling behind us and continue to compete for consumers with better
products, lower prices and innovative services."

USTA's argument of unfair competition and competitive harm is going to
be a tough sell at the court, analysts say. With number porting
between wireline and wireless carriers unable to meet expectations in
its first weeks, USTA's argument that it is drastically competitively
disadvantaged in the fight loses a lot of credibility, say industry
observers. Court watchers say the way the court handled the
last-minute stay filing could show it's really not convinced the USTA
has a valid argument.

=-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

------------------------ Yahoo! Groups Sponsor ---------------------~-->
Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark
Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada.
http://www.c1tracking.com/l.asp?cid=5511
http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/61FxlB/TM
---------------------------------------------------------------------~->

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/