www.interconnectionservices.com sbt spring 2003 march 11, 2003 page 1

SBT Spring 2003March 11, 2003

www.interconnectionservices.com



Presented by

Vic Jackson

Update on the Battle for Interconnection

Mountain Comm vs the FCC


www.interconnectionservices.com Background

Mountain Communications vs the FCC Mountain filed a Petition for Review Petition filed at US Court of Appeals for the District of Columbia,

8/12/02 FCC Decision was Arbitrary and Capricious, FCC Order was unlawful

Petitioner: Mountain Communications, Inc., Pueblo, Colorado

Business: Paging Carrier interconnected with Qwest (formerly US West)

Additional Locations: Colorado Springs, Walsenburg, Colorado

Type 1 Interconnection .


www.interconnectionservices.com The Issues

Qwest has billed Mountain for: “Dedicated Toll Facilities” “Transit” facilities

The “Dedicated Toll Facilities” connect number blocks in one city to Mountain’s paging switch in another city. Mountain contends this is a single point of interconnection in a LATA

not a “Wide Area Calling Service”.

The “Transit” charges are for the facilities used to deliver non-local calls from carriers other than Qwest. Mountain contends Qwest is paid by the originating carriers for the

facilities used by Qwest to deliver calls to Mountain.


www.interconnectionservices.com History of FCC Complaint

Mountain filed a Complaint at the FCC.

Mountain and Qwest presented Briefs on the Issues.

FCC issued an Order Qwest transit charges were valid per prior Texcom Order Qwest could charge for “dedicated toll facilities”

Mountain asked for a Review of the Order

FCC issued an Order on Review The FCC re-affirmed their first Order


www.interconnectionservices.com Court of Appeals Arguments

A Federal District Court in Montana ruled that LATA calls are local.

The Iowa Utilities Board ruled that LATA calls are local.

The FCC themselves said carriers are entitled to a single point of Interconnection in a LATA. (8 days prior to Mountain Order on Review)

FCC rules do not distinguish between Type 1 or Type 2 interconnection or between one way paging and two way cellular, except for compensation due for terminating calls.



Court of Appeals Arguments (Continued)

The FCC’s citation to its own Local Competition Order is not a valid citation. i.e. the citation makes no mention of land to mobile calling or “transit” traffic.

The FCC’ Orders instruct paging carriers to recover costs of terminating calls from unknown carriers without specifying a means to do it.


www.interconnectionservices.com Current Court of Appeals Status

Initial Briefs are due April 18.

Mountain and the FCC will make their arguments on the legal issues to the Court of Appeals.

The Court will then either make a decision to remand the issues back to the FCC or take other action as appropriate.



Implications For All Wireless Carriers

The FCC’s Mountain Orders are affecting all CMRS carriers.

The LEC’s are changing their interconnection agreements to reflect:

Charges for Facilities used to deliver call traffic outside the LEC’s state authorized local calling area.

Charges for transit traffic facilities.

Anything else they think they can get away with!!



Other Issues of Interest to CMRS Carriers Including Paging

JSM Tele-Page Complaint in Wisconsin: Can a Paging carrier use a cellular interconnection agreement? Can a CMRS carrier adopt an agreement from another state?

Proposed 252(i) changes. Adoption of Agreements or provisions. FCC Order on UNE pricing mentioned changes to Adoption rules.

Number Portability (11/24/2003 for wireless carriers) Rate Center issue with CMRS to Landline Porting

Thousands Block Number Pooling (Now in effect)

Bill and Keep (no compensation for termination of calls).

Elimination of Line Sharing requirement by ILEC’s.


www.interconnectionservices.com JSM Complaint Status

JSM Tele-Page Complaint in Wisconsin: Can a Paging carrier use a cellular interconnection agreement? Can a CMRS carrier adopt an agreement from another state?

Answer: Apparently yes.

Currently, JSM is “negotiating” with SBC to “adopt” a Cellular agreement in Wisconsin.


www.interconnectionservices.com Last Words

Mountain Communications needs your help in its fight with the FCC. Money Support Whatever!

The Bells are trying to eliminate their competition in the local markets.

The FCC is on a deregulation path that will allow the Bells to squash the competition including Small Telecommunications companies.

Beware or Rejoice: A New Era in Telecommunications is Evolving.

And YOU are there! .



Presented by

Vic Jackson

www.interconnectionservices.com sbt spring 2003 march 11, 2003 page 1

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