Court of Appeals rules against Nuvio, VoIP providers

Several VoIP providers, led by Nuvio Corporation, have been ruled against in a U.S. Court of Appeals in Nuvio Corporation v. Federal Communications Commission, Verizon Telephone Companies and AT&T Corporation.

Backed by i2 Telecom International, Lightyear Network Solutions, Lingo.com , and Primus Telecommunications, Nuvio filed a complaint in the U.S. Court of Appeals for the District of Columbia circuit stating that the 120-day deadline for VoIP service companies to provide some sort of 911 services to subscribers was arbitrary and capricious.

The court disagreed and rejected both claims, writing that “Because the [FCC] has reasonably determined that nomadic, non-native VoIP E911 access is technologically feasible, any argument about the time required for implementation is nothing more than quarrel over relative costs and benefits,” and, ultimately,

“Based on the record evidence, the demonstrated safety concerns, and our deference to the Commission’s predictive judgments, we conclude that the order’s 120-day deadline was neither arbitrary nor capricious.”

Nuvio filed the request for intervention on the Court of Appeals’ part on November 2, apparently feeling the crunch of the oncoming November 28 deadline; in turn, the court ordered that the FCC respond by the 8th.

At the time of the filing, Nuvio president/CEO Jason Talley said in an announcement that “We had hoped that the FCC would give guidance in this matter… Unfortunately, either the FCC and staff has been unable or unwilling to answer rudimentary questions about how the deadline will affect users on November 28. Since they remain silent, we have no choice but to ask the Court to stay these arbitrary and untenable rules.”

According to Nuvio statements, the firm was seeking “acknowledgment of parity between VoIP and wireless 911 deployments” from the FCC, arguing that, while wireless providers had 36 million users when 911 mandates were enacted and that “wireless has been given over twelve years to implement a solution,” the 120 days ordered VoIP companies was not nearly enough for proper technology deployment.

What’s the upshot? Aside from essentially an order from a high court to immediately implement a 911 service, some fear VoIP providers could be controlled by an FCC whim. As for those firms that don’t yet have an answer for the 911 conundrum, National Emergency Number Association governmental affairs director Patrick Halley was quoted on Mobile Radio Technology’s website as saying “What the ruling says is that the FCC can do with those companies what it wants … The order went so far as to say they could pull the licenses [of those companies] that aren’t complying. It is very clear: you’re not supposed to provide service unless you also can provide E911.”

According to Halley and MRT, the decision also “frees the FCC to rule on several petitions that previously were filed concerning the order, including one filed by NENA last July.”

Nuvio operates a VoIP network and markets VoIP services through a network of cable MSOs, ISPs, network integrators, VARs and wholesale partnerships worldwide.

Comments

[Gloria]

I completely agree with the 'Pinkerton's" comment above mine.

Nuvio has been terrible. Worst customer service. Completely rude, unhelpful and showing no concern about customer satisfaction.

Sign up for Nuvio if you like shabby service from a company that doesn't care about you!

[Pinkerton]

Nuvio's service as a VoIP provider is really, really, bad. They don't upgrade the equipment that they supply to you, they don't speak respectfully in tech support or any other department when you try to reach them - seem like a bunch of college kids more concerned with the color of their toenails than providing for decent customer service. Hidden fees ($50 to terminate service, no term agreement) and total ineptitude in handling any accounting issues. Time for these kids to go back to high school. NEVER USE NUVIO!