WASHINGTON-As May 24 looms ahead as the date the rest of the wireless industry has to implement local number portability, a move is afoot that would allow states, not the federal government, to extend that deadline.
Rural wireline carriers in Nebraska last week received a waiver until the Nebraska Public Service Commission can determine whether the intermodal porting requirement imposed by the Federal Communications Commission is too burdensome.
Although customers have had the ability to switch wireline carriers and keep their telephone number for many years, carriers were not required to do the necessary upgrades if no competition existed so many smaller wireline carriers have never made the upgrades. These carriers say they were caught off guard when the FCC established the intermodal porting mandate.
Western Wireless Corp., which has consistently attempted to compete in rural America, is concerned. John Stanton, Western Wireless chairman, even complained about the potential problem last week in Atlanta, warning there are about 1,000 small telecom carriers trying to get around the May 24 mandate.
States, meanwhile, are granting waivers to these wireline carriers based on a competition provision in the Communications Act; whether they have the authority to permanently waive FCC rules is still in doubt.
Matthew Brill, senior legal adviser to FCC Commissioner Kathleen Abernathy, said the agency will study the issue, noting that the FCC implemented intermodal porting on an aggressive schedule. “I don’t know the extent that states can waive FCC rules,” he added.
The FCC’s Wireless Telecommunications Bureau also did not immediately know how the agency would come down on the waivers.
“The FCC has not yet addressed the scope of state authority to waive LNP requirements, and in light of the important consumer benefits at stake, we hope and expect that state commissions will carefully weigh the impact on consumers in their states of granting these waivers,” said Lauren Patrich, spokeswoman for the wireless bureau.
Intermodal porting in urban areas has not caused a big stir yet with less than 5 percent of all porting taking place being between wireline and wireless carriers.
LNP in general had a rocky start but today a majority of ports take place within three hours.
