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FCC Beats Verizon, New Roaming Rules Will Stay
Appeals Court Blocks Verizon's Attempt to Kill Rules
by Karl Bode Tuesday 04-Dec-2012
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A federal appeals court has rejected Verizon's attempt to kill off recently-passed FCC rules that force larger carriers to allow smaller players to roam on their data networks at reasonable rates. The FCC imposed the new rules back in April, insisting that they would improve wireless coverage in more rural areas, giving a leg up for struggling tier 2 and tier 3 carriers. Verizon, in contrast, insisted that the rules were "a defeat for both consumers and the innovation fostered by true competition." The unanimous court decision however found the FCC acted well within its authority to regulate airwaves. The same court will soon be hearing Verizon's legal assault on the FCC's net neutrality rules.

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LightS
Premium
join:2005-12-17
Greenville, TX

Sometimes I like Verizon...

and, reading stuff like this makes me really hate them. lol

kapil
The Kapil

join:2000-04-26
Chicago, IL

Re: Sometimes I like Verizon...

Do what I do. Every time I get upset about something Verizon is doing, I look at what AT&T is up to. Picks me right back up
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cork1958
Cork
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join:2000-02-26

Re: Sometimes I like Verizon...

said by kapil:

Do what I do. Every time I get upset about something Verizon is doing, I look at what AT&T is up to. Picks me right back up

I can't believe that looking at what AT&T does, picks you up?!

These are 2 of the most despicable company's in existence and both should be shot and then divided amongst the smaller carriers!!
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Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5

Foot dragging could still be a problem

The court was clear:

the Commission adopted a rule requiring mobile-data providers to offer roaming agreements to other such providers on “commercially reasonable” terms.

Title III of the Communications Act of 1934 plainly empowers the Commission to promulgate the data roaming rule. And although the rule bears some marks of common carriage, we defer to the Commission’s determination that the rule imposes no common carrier obligations on mobile-internet providers.

It also sets forth the duties of common carriers, including the obligations to “furnish . . . communication service upon reasonable request,” id. § 201(a), to charge “just and reasonable” rates, id. § 201(b), and to refrain from “mak[ing] any unjust or unreasonable discrimination in charges . . . or services,” id. § 202(a).

So what are commercially reasonable rates? And what happens when Verizon and the other cell carrier can't come to an agreement as to what is reasonable? An appeal to FCC to set the rate. Then another court case to decide the dispute. Verizon can drag out signing deals for a very long time. Not fair, but with unlimited lawyers, it can happen anyway.
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iansltx

join:2007-02-19
Golden, CO
kudos:2
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Re: Foot dragging could still be a problem

Unreasonable roaming rates: more than 15 cents per MB for roaming payments of any size (subject to a $50 per month minimum), more than 5 cents per MB for roaming payments above some higher amount (say, $500 per month) and more than 3 cents per MB on roaming payments above some even higher amount (say, $2500 per month).

I can pretty much guarantee that Verizon MVNOs like Page Plus pay much less than any of the above for data on VZW's network, so anything more than those rates would be absolutely gouging tier 2/3 carriers who physically can't build out networks beyond their licensed area.
TBusiness

join:2012-10-26
Toledo, OH
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Re: Foot dragging could still be a problem

yes but your rates that are "reasonable" may not be "reasonable" to VZW or another company. The FCC left it open NOT to set those, and legally- would they have the power to set prices, when that happens, they open themselves up to a WHOLE new ball game.
TBusiness

join:2012-10-26
Toledo, OH
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Court again

Just because VZW lost this one, doesn't mean AT&T can't go after it in another court and win the case.

Also net neutrality has already been ruled before that the FCC has no legal standings on the issue since they do not regulate the internet, only airwaves and communication services. The Internet is an information service- which soon would include telephone as well.

Linklist
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join:2002-03-03
Longport, NJ
kudos:5

Re: Court again

said by TBusiness:

Just because VZW lost this one, doesn't mean AT&T can't go after it in another court and win the case.

AT&T could sue too. But all cases against the FCC end up in the same court. You can't venue shop when suing the FCC. All cases are heard in the United States Court of Appeal FOR THE DISTRICT OF COLUMBIA CIRCUIT. It is unlikely the same court would decide differently if AT&T also sued.
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TBusiness

join:2012-10-26
Toledo, OH

Re: Court again

What's the deal with the caps? That wasn't needed.

Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5

Re: Court again

said by TBusiness:

What's the deal with the caps? That wasn't needed.

I just copied and pasted the court info from the decision. The caps were in the document. Just the way it came out on an iPad copy of a PDF file.
»www.cadc.uscourts.gov/internet/o···8107.pdf
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tc1uscg

join:2005-03-09
Saint Clair Shores, MI
said by TBusiness:

Just because VZW lost this one, doesn't mean AT&T can't go after it in another court and win the case.

Also net neutrality has already been ruled before that the FCC has no legal standings on the issue since they do not regulate the internet, only airwaves and communication services. The Internet is an information service- which soon would include telephone as well.

Ahh, but they may not rule the net as a 'service', but they DO, CAN and WILL say what those frequencies can be used for. I see it as a catch 22. All one has to do is talk to some old ham op's and you will see that the FCC does rule content in the background. Not much as changed from the old days, just the reg book is thicker.
viperlmw
Premium
join:2005-01-25
I think maybe the reason Verizon lost is because this involves WIRELESS data, and the court is ruling that the FCC has authority over the AIRWAVES, stretching back to 1934.
tmc8080

join:2004-04-24
Brooklyn, NY
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good for the goose...

Verizon AND AT&T have been thumbing their noses at RURAL geographies for some time now.. in both landline and wireless networks... and it finally came back to bite them...

in rural upstate NY people have died when they couldn't get cell phone coverage because the two giant wireless telecoms did not cover many rural geographies adequately.. some places where it's no surprise they would never in a million years consider running fiber optics, let alone wireless backhaul for LTE at $50k a pop..

CaptainRR
Premium
join:2006-04-21
Blue Rock, OH

1 edit

Re: good for the goose...

Thats a whole different ball game in most parts of the northern part of NY state. There are still long stretches of the Northway without cell service due to the APA not allowing anyone go build towers.
BiggA

join:2005-11-23
EARTH

HUH?

Verizon has been by far the most open carrier by doing LTEiRA, so as to include their partners in their network plans. If that's not more than reasonable, I don't know what is.

blohner

join:2002-06-26
Cortlandt Manor, NY
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·ooma

How many carriers do we need?

With 4 major (maybe 3 major and one minor) players we should be off well enough... I don't understand all the challenges.. If I want cheap service I pick T-Mobile... If I want the best network in the NE I pick VZW... Anything else is a gamble.. Why should the carriers need to open their networks in a non monopoly situation..?

As for Upstate NY: Lot's of the Northway is part of the Adirondack State Park with very strict regulations for tower height to avoid viewshed issues... I am 1000000% in favor of that...
When I am out in the lands up there for hiking I carry a PLB for emergencies - and cellphone's simply don't have a place in an area purposed for preserving nature...
Note: If the Carriers would want coverage along the Northway they could set that up along the median - but they are trying to setup some large coverage towers on high points in the area and that doesn't fly in light of the State Park regulations...
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