WASHINGTON-A federal appeals court on Friday struck down an attempt by the wireless industry to delay or eliminate the Nov. 24 mandate that it provide wireless local number portability.
The U.S. Court of Appeals for the District of Columbia Circuit rejected the definition of “necessary” put forth by the Cellular Telecommunications & Internet Association, saying the Federal Communications Commission had acted reasonably.
CTIA is reviewing the decision, but expressed initial disappointment.
In addition, the D.C. Circuit said Verizon Wireless was too late in claiming the FCC could not impose LNP on the wireless industry because Congress had only created the mandate for the wireline industry.
“Requiring local number portability is bad public policy, and the resources required to fulfill this new mandate will unnecessarily be redirected from our core business activities-expanding network quality and reach, improving customer service, and initiating new services and products. We will continue to explore our legislative options,” said Verizon Wireless in a statement.
“The FCC must immediately address many critical implementation issues to ensure a smooth and automatic process for customers choosing to change carriers.”
The FCC confirmed it would enforce the Nov. 24 deadline. “The deadline, as we have been saying, is Nov. 24, so carriers should work to deploy wireless LNP by that date. We would enforce these rules just as we would enforce any commission rules,” said Meribeth McCarrick, spokeswoman for the FCC’s Wireless Telecommunications Bureau.
“It’s a great day for cell-phone users because the last barrier to competition-this lawsuit-has been knocked down,” said Sen. Charles Schumer. “It’s time for the cell-phone industry to step up to the plate and get portability implemented quickly to give consumers the freedom to get a new carrier when their provider isn’t doing the job.
Schumer on Monday is introducing legislation creating a cell-phone user bill of rights, said Phil Singer, communications director for Schumer. The cell-phone user bill of rights would mandate the Nov. 24 deadline for wireless LNP.
