The FCC has released an order denying a complaint filed by Flat Wireless, LLC (Flat) “alleging that Verizon violated the Commission’s voice and data roaming rules by offering roaming rates – which Verizon charges when Flat wireless customers travel outside Flat’s coverage area and roaming onto Verizon’s network – that are unjust and unreasonable, unreasonably discriminatory, and commercially unreasonable.” The Commission’s decision in favor of Verizon was the latest in a string of setbacks for Flat. In April 2018, the company announced it would close shop and cease being a facilities-based commercial operator. Instead, Flat elected to: (1) transition all remaining customers to Sprint’s Boost Mobile pre-paid stores; (2) sell some of its spectrum holdings; and (3) operate a smaller, roam-only, wholesale network. The shut-down of Flat, which markets under the name ClearTalk, follows in the footsteps of other small and mid-size wireless carriers that have folded and cited difficulty in obtaining reasonable voice and data roaming agreements as a leading factor in that decision to terminate services. Flat’s issues with Verizon began in 2015 when the smaller carrier sought to add data roaming capabilities to its then-existing voice-only roaming agreement with Verizon. The carriers failed to reach an agreement on the prevailing rates, terms, and conditions. Ultimately, Flat, which operated networks in West Texas, Arizona, and the southeastern United States, filed a formal complaint with the Commission “alleging, inter alia, that the rates Verizon offered for both voice and data were in violation of the Voice Roaming Orders and Data Roaming Order.” The Commission ultimately determined that all of Flat’s arguments were unpersuasive and that the complaint should be denied.
