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The National Telecom Co-op Assn. (NTCA) and OPASTCO asked the U.S...

The National Telecom Co-op Assn. (NTCA) and OPASTCO asked the U.S. Appeals Court, D.C., to review parts of a recent FCC order on wireline-to-wireless local number portability (LNP) requirements that affect small, rural LECs. The groups told the D.C.…

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Circuit in their petition that the FCC didn’t comply with the Regulatory Flexibility Act and Administrative Procedure Act when adopting a intermodal LNP order last month. NTCA and OPASTCO were part of a group of rural carriers that petitioned the FCC last month on behalf of so-called 2% carriers, or those that individually serve less than 2% of phone consumers in the U.S. In the petition at the FCC, on which the agency still hasn’t acted, the rural carriers contended that the Nov. 7 order created unintentional consequences for rural carriers in the top 100 markets. Wireless LNP went into effect in the top 100 metropolitan statistical areas on Nov. 24. They said that in setting that deadline for carriers to support wireline-to- wireless porting in those markets, the agency didn’t consider the fact that some 2% carriers also were located in those markets. The groups also argued that the FCC failed to address key technical and compensation issues, which must be resolved before these 2% carriers can effectively implement intermodal LNP. The D.C. Circuit recently rejected a petition by rural carriers seeking a stay of the wireless-to- wireless porting rules. Meanwhile, the FCC turned down a petition concerning its intermodal rules raised by USTA and CenturyTel.