The “common carrier” prohibition discussed by the U.S....

The “common carrier” prohibition discussed by the U.S. Court of Appeals for the D.C. Circuit in its net neutrality decision “raises significant concerns” about the IP transition, Public Knowledge told FCC acting General Counsel Jonathan Sallet Monday, an ex parte filing said (http://bit.ly/LHojj9). “With regard to Verizon’s pending request to discontinue service on the New Jersey Barrier Island, the decision raises significant concern because grant of the request, without finding Voice Link to be a Title II service, would leave residents of Mantoloking without a guarantee of basic voice service,” PK said. The FCC would have questionable ability to enforce a voluntary decision by Verizon to provide Voice Link on terms similar to those offered for their wireline service, PK said: As the court explained, “the Commission may not impose on a Title I service provider a Title II common carriage obligation.” Without classifying Voice Link as a Title II service, “it is difficult to see how enforcement of a core common carrier obligation (obligation to serve the public indiscriminately) could be enforced,” PK said. The commission may also lack authority to resolve disputes on “interconnection, intercarrier compensation, rural call completion or other areas touching on ‘core’ common carrier obligations,” PK said. “At best, the FCC can impose a duty to negotiate in good faith."