[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59347-59348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20527]


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FEDERAL COMMUNICATIONS COMMISSION

[WC Docket No. 05-276; DA 05-2514]


Access Charges for IP-Transported Calls

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document seeks comment on petitions for declaratory 
ruling filed by SBC and VarTec. SBC seeks a declaratory ruling that 
wholesale transmission providers using Internet protocol (IP) 
technology to transport long distance calls are liable for access 
charges. 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. 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 metropolitan trading area (MTA) boundaries. 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.

DATES: Comments due November 10, 2005, and reply comments due December 
12, 2005.

ADDRESSES: You may submit comments, identified by WC Docket No. 05-276, 
by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
    E-mail: Include the docket number in the subject line of the 
message.
    Mail: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.
    People with Disabilities: Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: <a href="/cdn-cgi/l/email-protection#44020707717470042227276a232b32"><span class="__cf_email__" data-cfemail="c88e8b8bfdf8fc88aeababe6afa7be">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition 
Bureau, Pricing Policy Division, (202) 418-1530, 
<a href="/cdn-cgi/l/email-protection#cfa5aaa1a1a6a9aabde1a2aca4aaaa8fa9acace1a8a0b9"><span class="__cf_email__" data-cfemail="38525d5656515e5d4a16555b535d5d785e5b5b165f574e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 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. 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. The court found it appropriate to 
defer the issues raised by SBC to the primary jurisdiction of the FCC. 
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 Sec.  69.5 of the 
Commission's rules, 47 CFR 69.5, and applicable tariffs. SBC seeks a 
ruling that providers meeting these criteria are interexchange 
carriers.
    VarTec filed a petition for declaratory ruling on related issues. 
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. 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. 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.
    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. Comments filed through the ECFS can be sent 
as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. 
Generally, only one copy of an electronic submission must be filed. 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

[[Page 59348]]

for e-mail comments, commenters should send an e-mail to <a href="/cdn-cgi/l/email-protection#395c5a5f4a795f5a5a175e564f"><span class="__cf_email__" data-cfemail="a0c5c3c6d3e0c6c3c38ec7cfd6">[email protected]</span></a>, 
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.
    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, NE., Suite 110, Washington, DC 
20002.

--The filing hours at this location are 8 a.m. to 7 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, DC 20554.

    All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 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 12th Street, SW., Washington, DC 20554, or 
by e-mail to <a href="/cdn-cgi/l/email-protection#ed87888383848b889fc3808e868888ad8b8e8ec38a829b"><span class="__cf_email__" data-cfemail="7319161d1d1a1516015d1e10181616331510105d141c05">[email protected]</span></a>. 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, DC 
20554, (202) 488-5300, or via e-mail to <a href="/cdn-cgi/l/email-protection#791f1a1a391b1a09100e1c1b571a1614"><span class="__cf_email__" data-cfemail="7a1c19193a18190a130d1f1854191517">[email protected]</span></a>.
    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 12th 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 <a href="/cdn-cgi/l/email-protection#9afcf9f9daf8f9eaf3edfff8b4f9f5f7"><span class="__cf_email__" data-cfemail="97f1f4f4d7f5f4e7fee0f2f5b9f4f8fa">[email protected]</span></a>.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 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. 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.

Federal Communications Commission.
Donald Stockdale,
Acting Deputy Chief, Wireline Competition Bureau.
[FR Doc. 05-20527 Filed 10-11-05; 8:45 am]
BILLING CODE 6712-01-P


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