California said its rules are “technology-neutral,” allowing AT&T to use wired, wireless, and/or VoIP service to fulfill its COLR obligations. While AT&T says its wireless AT&T Phone-Advanced (AP-A) is a suitable replacement for copper, California said that “AT&T has never formally sought to substitute POTS with AP-A.”
AT&T “does not want to meet its COLR obligations through AP-A; it seeks relief from meeting them at all,” California said. “That is why AT&T does not claim in this lawsuit, either, that it will offer basic service through AP-A (or any other service) instead.”
AT&T doesn’t promise that AP-A will meet state requirements for basic service, California said. Those state requirements include flat-rate options for unlimited voice calls, discounted Lifeline rates for eligible low-income customers, and telephone relay service for the deaf and hard of hearing, California said.
AT&T seeking more help from FCC
The FCC grandfathering order that AT&T cited in its lawsuit applied industry-wide, not specifically to AT&T. But AT&T also asked the FCC for an order specifically preempting California’s COLR mandates and related requirements, such as tariffing and Lifeline participation rules.
