Dear Chairman Powell:

I write to express my concern about the announcement by the Cellular Telecommunications & Internet Association that it will again request a delay in the implementation of local number portability. As you know, the hassle and financial hardship associated with switching to a new number allow wireless providers to "lock-in" customers and prevent them from taking advantage of the latest and most competitive plans offered by the industry. Local number portability is a key first step in ensuring consumer choice to all wireless consumers. I am hopeful that the Commission will remain committed to removing this barrier to competition and stand by its decision to require implementation of local number portability by November 24, 2003.

In addition, the Commission should remove the bona fide request requirement which will essentially prevent implementation of number portability. Rather than making it a requirement, the Commission's bona fide request rule makes this feature contingent upon the industry's willingness to implement it. Given the industry's most recent efforts, it is clear that most carriers are not interested in implementing number portability. By making number portability contingent on bona fide requests from other carriers, the Commission will allow wireless providers to lock in users, eliminating any incentive for providers to improve service in an industry that by consumer accounts is not delivering on its promises.

In the interest of fostering a truly competitive environment and improving customer choice, I urge you to maintain the November 2003 deadline for all wireless carriers to implement local number portability and to eliminate the bona fide request rule. I look forward to hearing from you about this important matter.

Sincerely,
Charles E. Schumer
United States Senator

cc: Commissioner Copps
Commissioner Martin
Commissioner Abernathy
Commissioner Adelstein