**DA 05-2514\
Released September 26, 2005**

**PLEADING CYCLE ESTABLISHED FOR SBC'S AND VARTEC'S PETITIONS FOR
DECLARATORY RULING REGARDING THE APPLICATION OF ACCESS CHARGES TO
IP-TRANSPORTED CALLS**

**WC Docket No. 05-276**

**COMMENTS DUE:** **November 10, 2005**\
**REPLY COMMENTS DUE: December 12, 2005**

On September 21, 2005, the SBC incumbent local exchange carriers (SBC)
filed a petition for declaratory ruling that wholesale transmission
providers using Internet protocol (IP) technology to transport long
distance calls are liable for access charges.[^1] SBC filed its petition
after the United States District Court for the Eastern District of
Missouri dismissed without prejudice SBC's claims seeking payment of
access charges for long distance calls that were transported using IP
technology.[^2] The court found it appropriate to defer the issues
raised by SBC to the primary jurisdiction of the FCC.[^3] In its
petition, SBC seeks a declaratory ruling that wholesale transmission
providers using IP technology to carry long distance calls that
originate and terminate on the public switched telephone network (PSTN)
are liable for access charges under section 69.5 of the Commission's
rules[^4] and applicable tariffs.[^5] SBC seeks a ruling that providers
meeting these criteria are interexchange carriers.[^6]

VarTec filed a petition for declaratory ruling on related issues.[^7]
Specifically, VarTec seeks a declaratory ruling that it is not required
to pay access charges to terminating local exchange carriers (LECs) when
enhanced service providers or other carriers deliver calls directly to
the terminating LECs for termination.[^8] VarTec also seeks a
declaratory ruling that such calls are exempt from access charges when
they are originated by a commercial mobile radio service (CMRS) provider
and do not cross major trading area (MTA) boundaries.[^9] VarTec also
seeks a declaratory ruling that terminating LECs are required to pay
VarTec for the transiting service VarTec provides when terminating LECs
terminate intraMTA calls originated by a CMRS provider.[^10]

Interested parties may file comments on or before **November 10, 2005**,
and reply comments on or before **December 12, 2005**. Comments may be
filed using the Commission\'s Electronic Comment Filing System (ECFS) or
by filing paper copies.[^11] Comments filed through the ECFS can be sent
as an electronic file via the Internet to
[[http://www.fcc.gov/cgb/ecfs/]{.underline}](http://www.fcc.gov/cgb/ecfs/).
Generally, only one copy of an electronic submission must be filed.[^12]
In completing the transmittal screen, commenters should include their
full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number, in this case **WC Docket No. 05-276**.
Parties may also submit an electronic comment by Internet e-mail. To get
filing instructions for e-mail comments, commenters should send an
e-mail to [[ecfs@fcc.gov]{.underline}](mailto:ecfs@fcc.gov), and should
include the following words in the body of the message, "get form." A
sample form and directions will be sent in reply. Parties who choose to
file by paper must file an original and four copies of each filing.[^13]

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). **Parties are strongly encouraged to file comments
electronically using the Commission's Electronic Comment Filing System
(ECFS).**

The Commission\'s contractor, Natek, Inc., will receive hand-delivered
or messenger-delivered paper filings for the Commission\'s Secretary at
236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.

> -The filing hours at this location are 8:00 a.m. to 7:00 p.m.
>
> -All hand deliveries must be held together with rubber bands or
> fasteners.
>
> -Any envelopes must be disposed of before entering the building.
>
> -Commercial overnight mail (other than U.S. Postal Service Express
> Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
> Capitol Heights, MD 20743.
>
> -U.S. Postal Service first-class mail, Express Mail, and Priority Mail
> should be addressed to 445 12th Street, SW, Washington, D.C. 20554.

All filings must be addressed to the Commission\'s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, Room
TW-A325, 445 12^th^ Street, SW, Washington, D.C. 20554. Parties should
also send a copy of their filings to Jennifer McKee, Pricing Policy
Division, Wireline Competition Bureau, Federal Communications
Commission, Room 5-A263, 445 12^th^ Street, SW, Washington, D.C. 20554,
or by e-mail to <jennifer.mckee@fcc.gov>. Parties shall also serve one
copy with the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C.
20554, (202) 488-5300, or via e-mail to <fcc@bcpiweb.com>.

Documents in WC Docket No. 05-276, including the SBC Petition and the
VarTec Petition, are available for public inspection and copying during
business hours at the FCC Reference Information Center, Portals II, 445
12^th^ St. SW, Room CY-A257, Washington, DC 20554. The documents may
also be purchased from BCPI, telephone (202) 488-5300, facsimile (202)
488-5563, TTY (202) 488-5562, e-mail <fcc@bcpiweb.com>.

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^14] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More
than a one- or two-sentence description of the views and arguments
presented generally is required.[^15] Other requirements pertaining to
oral and written *ex parte* presentations in permit-but-disclose
proceedings are set forth in section 1.1206(b) of the Commission's
rules.[^16]

For further information, contact Jennifer McKee of the Pricing Policy
Division, Wireline Competition Bureau at (202) 418-1530, or
<jennifer.mckee@fcc.gov>.

**- FCC -**

[^1]: Petition of the SBC ILECs for a Declaratory Ruling That UniPoint
    Enhanced Services, Inc. d/b/a PointOne and Other Wholesale
    Transmission Providers Are Liable for Access Charges (filed Sept.
    21, 2005) (SBC Petition). This filing corrected and replaced an
    earlier petition that SBC had filed on September 19, 2005.

[^2]: *Southwestern Bell Tel., L.P. v. VarTec Telecom, Inc.*, No.
    4:04-CV-1303 (CEJ), 2005 WL 2033416 (E.D. Mo. Aug. 23, 2005). The
    defendants from which SBC sought payment were VarTec Telecom, Inc.
    (VarTec); UniPoint Enhanced Services, Inc. (d/b/a PointOne),
    UniPoint Services, Inc., and UniPoint Holdings, Inc. (UniPoint); and
    Transcom Communications, Inc. and Transcom Holdings, LLC (Transcom).

[^3]: *Id.* at \*4.

[^4]: 47 C.F.R. § 69.5.

[^5]: SBC Petition at 17-24.

[^6]: *Id.* at 17-35.

[^7]: Petition for Declaratory Ruling that VarTec Telecom, Inc. Is Not
    Required to Pay Access Charges to Southwestern Bell Telephone
    Company or Other Terminating Local Exchange Carriers When Enhanced
    Service Providers or Other Carriers Deliver the Calls to
    Southwestern Bell Telephone Company or Other Local Exchange Carriers
    for Termination (filed Aug. 20, 2004) (VarTec Petition).

[^8]: *Id.* at 1, 3-8.

[^9]: *Id.* at 8-11.

[^10]: *Id.* at 1-2, 11-12.

[^11]: *Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11,322 (1998).

[^12]: If multiple docket or rulemaking numbers appear in the caption of
    a proceeding, however, commenters must transmit one electronic copy
    of the comments to each docket or rulemaking number referenced in
    the caption.

[^13]: If more than one docket or rulemaking number appear in the
    caption of a proceeding, commenters must submit two additional
    copies for each additional docket or rulemaking number.

[^14]: 47 C.F.R. § 1.1200 *et seq.*

[^15]: *See* 47 C.F.R. § 1.1206(b)(2).

[^16]: 47 C.F.R. § 1.1206(b).