UPM: Digicel Should Be Subject to the Communications Act
Digicel-Haiti sells calls from the U.S. to Haiti and thus should be subject to the Communications Act, UPM said in a reply brief filed Monday at the 9th U.S. Circuit Court of Appeals. UPM wants the court to reverse FCC…
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decisions backing Digicel-Haiti’s 2014 deactivation of thousands of SIM cards that UPM purchased from a third party, which granted access to a Digicel-Haiti discount roaming plan (see 2506050044). The FCC has ruled that Digicel’s actions didn’t violate the law because it doesn’t qualify as a U.S. carrier. The language of the Communications Act creates jurisdiction over foreign communications originating in the U.S., UPM said. “The mere fact that Digicel is a terminating foreign carrier does not exempt it from the Act when it has taken actions within the U.S. with respect to those calls."