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USTelecom Seeks Reconsideration of November Declaratory Ruling

USTelecom asked the FCC to reconsider a Nov. 25 declaratory ruling changing the “long-standing” definition of what constitutes a “discontinuance, reduction, or impairment of service” under Communications Act Section 214. “The new definition is impermissibly vague and, instead of terminating…

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a controversy or removing uncertainty, it creates unnecessary confusion,” USTelecom said in a petition for reconsideration filed Tuesday. The new standard says a service may no longer be defined by its provider, but should be defined under an “amorphous” functional test “that takes into account the totality of the circumstances from the perspective of the relevant community or part of a community,” USTelecom said. “Under this new view, providers are unable to gauge what services or aspects of their products or services might require a section 214 filing to discontinue or grandfather.”