Subject: [NEXTEL-1] FCC, CTIA Refute USTA Claims

From: [email-masked]
Date: Mon, 01 Dec 2003 14:09:05 -0500

FCC, CTIA Refute USTA Claims
BY MARK ROCKWELL
DECEMBER 1, 2003

WASHINGTON -- Two influential opponents of the wireline carriers' efforts to
short-circuit local number portability rules are weighing in on the issue.

The FCC and CTIA filed comments last week at the U.S Court of Appeals for the
District of Columbia Circuit, the court handling the United States Telecom
Association's request for a stay of wireless number portability rules. The
groups contend USTA has "failed to make a case to justify" its argument to stay
the rules.

USTA has argued that the FCC doesn't have any regulatory precedent in making
wireline carriers open their networks to wireless porting and vice versa. "It is
indisputable that local exchange carriers have had a broad duty to port
telephone numbers to and from commercial mobile radio service providers
(wireless carriers) since 1996," the FCC said in its filing. Citing its Nov. 10,
2003, order, the FCC said it "confirmed that broad obligation" for wireline
carriers' porting duties. It also said wireline carriers' arguments that they
would be irreparably harmed by the rules were wrong. "That wireline carriers,
traditional monopolists, will have to compete with wireless carriers for
customers in the local exchange market is not a cognizable harm, much less an
irreparable one."

CTIA agreed with the FCC that the USTA hadn't made its case to stay the rules.
It said the commission only clarified an existing porting rule on Nov. 10 and
didn't establish a new set of rules, as USTA contends. CTIA said the time for
review of the rule that USTA contends, has "long passed" and "USTA is not likely
to suffer irreparable injury ... because it will generally be free to compete to
win back any customers it loses" as a result of the new rules.
USTA and Centurytel Inc., the two entities that filed the stay request, are due
to file their comments to the court by tomorrow.

http://www.wirelessweek.com/index.asp?layout=newsat2direct&starting=3&pubdate=12/01/03

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