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The North Carolina Utilities Commission rejected a petition by th...

The North Carolina Utilities Commission rejected a petition by the town of Valdese for a local exchange boundary adjustment replacing AT&T with Embarq as incumbent provider to a new 680-acre subdivision. The development, on land the town annexed last…

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year, is in AT&T’s franchised service area. The town, served by Embarq, wanted the telcos’ territories shifted to fit the town line post-annexation and have Embarq be the incumbent for the new parts of town and the old (Case P-55, Sub 1715). Toan officials said this would let all residents maintain a “Valdese identity” and have identical local calling areas. AT&T objected, saying state courts have held that the commission can’t force a phone company to quit territory where it’s ready, willing and able to provide good quality service and replace that company with another. AT&T also said Valdese residents not wanting AT&T service had access to alternate carriers. The commission agreed with AT&T, saying it lacks legal authority to force the boundary change Valdese wanted, particularly since affected residents have competitive alternatives to AT&T.