In yet another run at the FCC’s wireless local number portability...
In yet another run at the FCC’s wireless local number portability (LNP) requirements, CTIA, Cingular Wireless, AT&T Wireless and Alltel filed an “expedited petition” at the Commission urging the Commission to rescind the rule. The petition came a week…
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after the U.S. Appeals Court, D.C., turned down an industry challenge to an FCC decision to not exercise forbearance on the wireless LNP requirements, which carry a Nov. 24 deadline for implementation in the top 100 metro areas. In the latest petition, filed late Mon., the 3 carriers and CTIA contended the rule should be rescinded “because the FCC lacks statutory authority to impose the obligation.” The petition said that while the court had affirmed the FCC decision to not exercise forbearance, it “did not rule on the merits of the statutory authority argument, observing that this matter could only be raised, given the lapse of time since the original rulemaking, in connection with a petition to rescind the rule in connection with an enforcement action.” The petition said the latest request for FCC action was sought so that “petitioners can have their day in court before the fast-approaching Nov. 24, 2003, deadline, and because carriers already have numerous mandates (i.e., E911) and limited resources.” The petition said the root of the FCC’s statutory authority to impose LNP, Sec. 251(b) of the Communications Act, applied only to LECs, and the statutory definition of LECs specifically excluded wireless carriers. “Thus, it is clear from the statutory scheme that Congress intentionally limited the FCC’s authority to impose LNP and specifically exempted CMRS,” the filing said.