Western Wireless Corp. said it is adding customers to its wireless local loop service in Regent, N.D.,
even though customers cannot receive phone calls because of a dispute with the local exchange carrier
there.
Consolidated Telephone Cooperative, the rural landline phone company in Regent, population 268, two
weeks ago disconnected numbers Western was using to offer WLL service. Consolidated claims Western should have
negotiated a competitive interconnection agreement with the phone company since Western is offering residential
phone service.
Western filed a complaint with the Public Service Commission, asking it to order Consolidated to
immediately reinstate service to its customers and keep Consolidated from interfering with any more of Western’s
direct inward dialing numbers. Consolidated had not filed a response as of press time.
The PSC has scheduled a
formal hearing on the case for March 8. The commission must decide whether Western, in offering local service, must
abide by North Dakota rules governing local phone companies or by regulations that cover wireless companies under
Federal Communications Commission rules-a new issue in the telecommunication industry that could result in a
precedent-setting case.
“Our position is that once they become a fixed residential system, they have to comply
with state law,” said Michael Maus of Howe, Hardy, Galloway & Maus P.C., Consolidated’s counsel.
Western
argues it is governed by FCC rules. The company still is determining whether it will file a complaint with the FCC and
federal court. It already has filed a lawsuit in district court.
Western launched WLL service Jan. 7 with three
customers. John Uhlmann, general manager of Cellular One in North Dakota, said it has added 12 more customers
despite the limitations of the service. The carrier is offering competitive rates and a calling area larger than that of
Consolidated.
