Nuvio Files with Court to Stay FCC E911 Order

Nuvio Corp., a provider of wholesale hosted PBX services, has taken another step in its efforts regarding the FCCs June order giving VoIP service providers just 120 days to implement an E-911 service.

After filing an appeal last week with the FCC, and waiting the required 10 days, the company now has filed with the U.S. Court of Appeals for the District of Columbia Circuit an emergency request for a partial stay of the E911 Order for VoIP Service Providers.

The court issued an immediate order requiring the FCC to respond by Nov. 8 at noon. According to Nuvio, it and other providers have made repeated requests for clarification and direction from the FCC on this matter, but to date have received no response.

Jason Talley, CEO of Nuvio, said his company took the action because the FCC pretty much forced us to go to the judges and halt the second implementation of E911 orders because they would not respond to us.

Talley says his company has several questions about implementation of the order that have not been answered, such as how to deal with a customer that moves into an area where the company does not offer 911. We thought they would have opened a dialog, Talley adds.

A spokesperson for the FCC said, We feel the order speaks for itself. When asked about specific questions posed by Nuvio, the spokesperson said, Because these subjects are taken up in the Nuvio petition, we cant comment.

The FCC already has made adjustments to the original order, delaying or reducing the requirements for affirmative compliance, in which VoIP service providers were obliged to obtain written acknowledgment from customers that they understood the limits of 911 in their service. The FCC originally had set a deadline at the end of July to obtain the acknowledgments, after which service providers would be required to cut off service. That deadline was extended to the end of August then extended again to the end of September, and finally the requirement was reduced to 90 percent of customers.

Nuvio has requested a decision by the court by Nov. 14 on whether to extend the stay. If the court grants the stay, then the deadline is set aside until the court has the full briefs from all of the parties involved, at which time it would make a final decision on whether to put aside the FCC order. The process could take several months.

Talley adds, We think we just need time to have a rational, reasonable system put into place.

According to Talley, consumer VoIP service provider Lingo Inc. and Lightyear Network Solutions LLC, a provider of traditional and VoIP services also are parties to the appeal, and AT&T Corp. and Verizon Communications Inc. are likely to offer briefs to the court as well.

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