By Fawn Johnson
Of DOW JONES NEWSWIRES
WASHINGTON -(Dow Jones)- The White House's accounting arm has rejected a rule requiring wireless companies to maintain enough generators or batteries to sustain cell phone and pager service in the event of a power failure.
In a one-page notice sent to wireless carriers Friday, the Office of Management and Budget said the Federal Communications Commission didn't seek or evaluate public comments before issuing the rule, which would have required all remote cellular sites to have eight hours of emergency backup power.
The decision is important to wireless carriers such as cell phone companies and paging services. Sprint Nextel Corp. (S) and USA Mobility Inc. (USMO) joined in a lawsuit with CTIA, an association of wireless carriers, to challenge the rule.
The FCC rule stems from formal discussions among public safety experts and government officials in the wake of Hurricane Katrina, when communication networks were disrupted for long periods in certain areas.
Before going into effect, the rule must be approved by OMB.
Federal judges hearing the wireless carriers' complaints put the case on hold until OMB weighed in. CTIA and other wireless carriers protested that the eight-hour mandate, in particular, took them by surprise because it wasn't discussed in earlier proposals presented by the FCC.
Sprint argued the FCC's rule didn't embody the flexibility regarding backup power that was envisioned by the Katrina panel.
The FCC rule also included extensive reporting requirements detailing carriers' cell sites that OMB said were unlawfully burdensome to companies without more analysis.
Wireless carriers applauded OMB's decision.
"While we have the same goal as the FCC - to keep our networks running during times of emergency - we believe that having the flexibility to adapt to unique emergency situations will better serve American wireless consumers," said CTIA President Steve Largent in a statement Monday.
Sprint issued a statement Monday saying it is voluntarily working to "harden sites that are more prone to natural disasters."
"We're pleased that OMB realized the reporting requirements would be an undue burden for carriers and hope the FCC takes steps to revise this rule in the best interest of wireless providers and their consumers," Sprint's statement said.
FCC Spokesman Robert Kenny said the commission is considering its options in light of the OMB decision.
"We believe that having backup power for America's communications networks during times of emergency is vitally important for public safety," Kenny said.
The FCC could override OMB, modify the rule, or do nothing and let it die. If the independent FCC chooses to override OMB's decision, that could prompt further court action.
-By Fawn Johnson, Dow Jones Newswires; 202-862-9263; fawn.johnson@dowjones.com
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(END) Dow Jones Newswires
December 01, 2008 15:04 ET (20:04 GMT)

Publié le 01 Décembre 2008 Copyright © 2008 Dowjones