FCC Defends VoIP Direct Numbering Order Against NARUC Challenge

Communications Act (see 1604050013). "The FCC took a common-sense approach to telephone numbering, allowing VoIP providers direct access to phone numbers, thus eliminating a needless middleman and helping to drive down costs, promote competition, and improve service," the agency told the U.S. Court of Appeals for the D.C. Circuit in a response brief Thursday in NARUC v. FCC, No. 15-1497. The decision also maintained VoIP and telecom provider duties to facilitate number portability, allowing customers to keep their numbers when they switch providers. "Because NARUC does not challenge the actual outcome of the proceeding, it is not injured and lacks Article III standing" under the Constitution, the FCC said. "Even if NARUC had standing, it could not show that the agency's interpretation of its authority under the Act is unreasonable." Phone numbers are essential to telephone service providers, and consumer ability to keep those numbers when switching providers is essential to competition, the commission said. Congress thus delegated "exclusive jurisdiction" over phone numbers to the FCC, which relied on this "plenary authority" to allow VoIP providers direct access to phone numbers while maintaining number portability duties, the agency said. Nothing in the law forbids providing nontelecom carriers direct numbering access, said the agency, which found its decision "would lead to increased competition, lower prices, and improved service." A brief from intervenor Vonage in support of the FCC order is due next Thursday; NARUC's reply brief is due June 9.