Comptel Opposes USTelecom's Petiton for Recon on Service Discontinuation
USTelecom’s petition asking the FCC to reconsider a Nov. 25 declaratory ruling (see 1411210037) widening requirements for getting agency permission before discontinuing services should be denied, Comptel said in a filing submitted at Friday’s deadline for oppositions. Communications Act Section…
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214 bars carriers from discontinuing, reducing or impairing service to a community without obtaining a certificate from the commission that there will not be adverse impacts, Comptel said. The declaratory ruling clarified that the services requiring approval when they are being discontinued are not limited to whether they're included in tariff filings, and that a community's views are relevant.USTelecom argued an NPRM should have been issued because the law already was clear that “service” is defined by the terms of a tariff or contracts. Comptel disagreed, saying the definition was clear and argued the commission was allowed to clarify the law through the ruling. For instance, Comptel said, Verizon has said that shifting from copper to fixed wireless IP voice service may not support fax machines, credit card machines, some medical alert devices and some alarm systems. Verizon has said the change “does not constitute a discontinuance, reduction, or impairment of a service if those services/functionalities are not specifically listed as a supported service/functionality in its tariff," Comptel said. Verizon did not comment Friday. USTelecom's petition for recon called the declaratory ruling’s new definition of service “impermissibly vague," and said that "instead of terminating a controversy or removing uncertainty, it creates unnecessary confusion.” As a result, “providers are unable to gauge what services or aspects of their products or services might require a section 214 filing to discontinue or grandfather,” USTelcom said. “We don’t think providers should be required to preserve unknown features and unintended functionalities of their legacy services when transitioning to IP networks," said USTelecom Senior Vice President-Law and Policy Jonathan Banks in a statement to us Friday. Consumers should be informed about service changes, but the commission should "focus more on educating consumer about the advantages that new service offerings will provide," he said. "With adequate information to inform their choices, we believe the vast majority of consumers will welcome the transition to IP networks." If consumers still have concerns, Banks said, the commission should "work with providers to resolve issues as they arise, rather than add unnecessary hurdles that will delay or impede transition.”