UPM Takes Dispute With Digicel-Haiti to 9th Circuit
UPM sought review this week in the 9th U.S. Circuit Court of Appeals of two orders by the FCC resolving complaints by the company against Digicel-Haiti for allegedly deactivating thousands of SIM cards UPM purchased through third-party contractors in Haiti…
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and shipped to the U.S. to access a Digicel-Haiti discount roaming plan. UPM’s complaint at the FCC demonstrated that the Haitian wireless carrier “was providing foreign telecommunications services from the United States … and was therefore a telecommunications carrier within the Commission’s jurisdiction” and “certain Digicel-Haiti actions (cutting off UPM’s service) violated the Communications Act and longstanding Commission precedent,” UPM said. In two orders, the latest in December, the FCC found Digicel-Haiti didn’t fall under agency jurisdiction and that actions regarding UPM were lawful.