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FCC WELCOMES LOCAL NUMBER PORTABILITY IN SMALL MARKETS

Nationwide wireless local number portability (LNP) arrives today (Mon.) under a cloud of uncertainty, with lawsuits pending in federal court challenging the Commission’s LNP order and several states granting delays.

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Wireless Bureau Chief John Muleta said Fri. the Commission is monitoring problems in the states, as porting begins in all U.S. markets. Last Nov., porting started in the 100 largest U.S. markets. “We're committed to bringing the benefits of local number portability to the American consumers nationwide, 100%,” Muleta told reporters. “If there are legal or regulatory issues that we need to deal with we'll deal with them accordingly.”

The FCC has made clear it expects carriers to comply with the guidelines and state commissions to carefully scrutinize petitions seeking a delay of the deadline. The FCC Consumer & Governmental Affairs Bureau advised that “states should remain mindful of the tremendous customer benefits that porting generates.” On May 13 the Commission both advised carriers they were expected to be ready to port calls and handed down a $100,000 notice of apparent liability of forfeiture against CenturyTel for “willfully and repeatedly” failing to route calls to ported numbers.

Verizon Wireless said Fri. waivers were sought in some 25 states. There are also 3 waiver petitions pending at the FCC. “These are very important decisions and notice by the FCC which we hope are going to help set the stage for a smooth process,” a Verizon official said. “It’s time for everybody to step up to the plate and start porting.”

The FCC’s LNP order has been challenged in court. In the key lawsuit challenging wireline-wireless porting, USTA, NTCA and OPASTCO have asked that the FCC be required to get comments on its LNP rules through a rulemaking, and conduct a regulatory flexibility analysis. NARUC has compiled a list of some 170 incumbent local exchange carriers across the U.S. that have applied for waivers.

OPASTCO members were on the Hill this week and rural lobbyists have been sharing their concerns with lawmakers. But rural sources said they never expected Congress to intervene in the area and their best hope is the court case.

Jill Canfield, regulatory counsel at NTCA, said many small carriers are struggling to satisfy the FCC requirements. She said many say they will have to pass to customers the cost of transporting calls they have to port and of making necessary equipment changes. “And we're going to have a lot of areas where it’s not going to happen,” she said: “In a lot of these areas the wireless coverage is so spotty a reasonable person would not port to the wireless carrier.”

Robert Nelson, Mich. comr. and chmn. of the NARUC Telecom Commission, told us Fri. he does expect some rural customers to port to wireless carriers. “NARUC was a very strong supporter of LNP,” he said: “We're disappointed there have been so many delays. We understand the cost issues, but we think it’s important that these waivers are looked at carefully… There may be some circumstances where there should be limited waivers granted, but it does affect the interconnectedness of the network.”

“The only thing I would be concerned with is the cost to rural carriers,” said Neb. PSC Comr. Anne Boyle: “The rural carriers have a very strong lobby and they are very resistant to change. We cannot close our eyes to change.”