updated 8/15/2005 7:24:47 PM ET 2005-08-15T23:24:47

A provider of Internet phone calls is challenging new Federal Communication Commission rules requiring the company to ensure reliable 911 emergency call service.

Nuvio Corporation, which has about 10,000 subscribers, has filed a motion with the U.S. Court of Appeals for the District of Columbia asking the court to hear the case, company spokeswoman Heather Carmichael said Monday.

"We have worked diligently to provide our users with 911 access," said Jason Talley, president and chief executive of Nuvio. But, he said, "the 120-day requirement imposed by the FCC is arbitrary and capricious and without support in the record."

Nuvio, based in Overland Park, Kan., is a provider of Voice over Internet Protocol, also known as VoIP.

The company asked the court to expedite the case and rule by Nov. 7. If there's no decision by then, Nuvio warned it will have no choice but to start suspending some customers.

In May, the FCC ordered Nuvio and other providers of Internet-based phone calls to certify that their customers will be able to reach an emergency dispatcher when they call 911. Dispatchers also must be able to identify the caller's phone number and location.

The companies were given until Nov. 28 to comply.

The FCC declined to comment on Nuvio's appeal.

Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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