WASHINGTON-A federal appeals court on Tuesday said that Sprint Corp. could not challenge rules by the Federal Communications Commission allowing for technology specific-overlays as a way to conserve numbers.
A TSO is a special area code created by technology rather than geography and is instituted to conserve numbers in an area where numbers are dwindling. The wireless industry does not like TSOs because they believe they discriminate against wireless users.
“In light of the [FCC’s] enumeration of the factors it will consider in evaluating a specialized overlay proposal, factors reflecting Sprint’s concerns, the commission might approve a proposal in a manner such that Sprint’s concerns may never be realized. We therefore conclude that Sprint’s general challenge to the FCC’s decision to lift the ban is not readily detached from its contentions in support of that general challenge,” said the U.S. Court of Appeals for the District of Columbia Circuit.
Cingular Wireless L.L.C. joined Sprint in arguing the FCC acted in an arbitrary and capricious manner when it reversed a 1995 decision to ban the use of technology-specific overlays.
State regulators like the TSO concept because they believe it will conserve numbers in already-established area codes. The wireless industry believes that a wireless-specific area code alerts people that they are dialing a wireless device, and some people who may not want others to know they are using such a device will not sign up for service.
In addition, the wireless industry is concerned about the identity some people have with area codes. An episode of the TV show “Seinfeld” dealt with this when one of the characters was given a New York number not in the traditional 212 area code.
Last month, the FCC approved a plan for Connecticut to institute a TSO.
