Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 29 - Enhanced Record Exchange Rules › Section 20 CSR 4240-29.130 - Requests of Terminating Carriers for Originating Tandem Carriers to Block Traffic of Originating Carriers and/or Traffic Aggregators

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes parameters and
				  procedures for terminating carriers to request that originating tandem carriers
				  block traffic of originating carriers and/or traffic aggregators who fail to
				  comply with rules pertaining to traffic traversing the LEC-to-LEC
				  network.
(1) In all instances
				of traffic blocking, originating carriers and traffic aggregators may utilize
				alternative methods of delivering the blocked traffic to terminating carriers.
				Such methods may include interconnection agreement negotiations with
				terminating carriers for transiting traffic, direct interconnection with
				terminating carriers, or contracting with interexchange carriers for traffic
				delivery.
(2) A terminating carrier
				may request the originating tandem carrier to block, and upon such request the
				originating tandem carrier shall block, the originating carrier's Local
				Exchange Carrier-to-Local Exchange (LEC-to-LEC) traffic, if the originating
				carrier has failed to fully compensate the terminating carrier for terminating
				compensable traffic, or if the originating carrier has failed to deliver
				originating caller identification to the transiting and/or terminating
				carriers.
(3) If the traffic
				aggregator has failed to deliver originating caller identification to the
				transiting and/or terminating carrier, a terminating carrier may request the
				originating tandem carrier to block, and upon request the originating tandem
				carrier shall block, the traffic aggregator's LEC-to-LEC traffic.
(4) The terminating carrier shall provide all
				affected carriers, including but not limited to, the originating carrier and/or
				traffic aggregator, the transiting carrier, and the manager of the
				telecommunications department of the commission, written notice by certified
				mail at least thirty (30) days prior to the date the terminating carrier
				requests blocking to occur. Such notification shall clearly indicate the
				reason(s) for certain traffic to be blocked, the date the traffic is requested
				to be blocked, an explanation of what action the originating carrier and/or
				traffic aggregator should take to prevent any traffic from being blocked, when
				this corrective action must be completed, and the person to contact to obtain
				further information. Such notice shall also clearly indicate that the blocking
				will be done pursuant to rules of the Missouri Public Service Commission
				(MoPSC). The terminating carrier shall compensate the originating tandem
				carrier for any blocking preparation and/or implementation work performed to
				implement blocking, even if blocking is ultimately not implemented.
(5) Following notification pursuant to
				section (4) above, and upon written request by a terminating carrier, the
				originating tandem carrier will be required to block LEC-to-LEC traffic of an
				originating carrier and/or traffic aggregator to the terminating carrier. Such
				requests shall be based on the terminating carrier's representation that the
				originating carrier and/or traffic aggregator has failed to fully compensate
				the terminating carrier for terminating compensable traffic, or that the
				originating carrier and/or traffic aggregator has failed to deliver originating
				caller identification to the transiting and/or terminating carriers. The
				originating tandem carrier shall not be liable for any blocking work performed
				at the request of the terminating carrier.
(6) If the terminating carrier requests the
				originating tandem carrier to block LEC-to-LEC traffic of an originating
				carrier and/or traffic aggregator, the date and time whereby traffic will be
				blocked shall be mutually agreed upon by the terminating carrier and the
				originating tandem carrier. Such blocks will not be initiated on weekends or
				holidays, or on a day immediately preceding a weekend or holiday. Unless
				otherwise agreed to by both the terminating carrier and originating tandem
				carrier, the originating tandem carrier shall implement the block within
				forty-five (45) days after receipt of the request to block.
(7) In supplement or as an alternative to
				blocking, a terminating carrier may require the originating carrier, as a
				condition of continued service, to place into escrow sufficient monies to
				recover any disputed or unpaid amounts.
(8) Upon receipt of notice that its traffic
				is subject to blocking, wireline carriers shall determine whether to use
				alternate means of delivering the traffic that is subject to blocking. If the
				wireline carrier elects not to use alternate means of delivering the traffic,
				the wireline carrier shall, within fifteen (15) days after receipt of notice,
				notify its potentially affected end users in writing that calls to affected
				NPA-NXXs may be subject to blocking. A copy of such written notification shall
				be provided to the manager of the telecommunications department of the MoPSC.
				In lieu of such customer notification, the originating carrier and/or traffic
				aggregator may proceed according to sections (9) and (10) following.
(9) If an originating carrier and/or traffic
				aggregator wishes to dispute a proposal whereby some or all of its LEC-to-LEC
				traffic would be blocked by an originating tandem carrier or where the
				terminating carrier has required that disputed or unpaid amounts be placed into
				escrow, the originating carrier and/or traffic aggregator should immediately
				seek action by the commission through the filing of a formal complaint. Such a
				complaint shall provide all relevant evidence refuting any stated reasons for
				blocking such traffic or placing disputed charges into escrow. Such complaint
				shall include a request for expedited resolution.
(10) If an originating carrier and/or traffic
				aggregator file(s) a formal complaint, the terminating carrier and originating
				tandem carrier shall cease blocking preparations, pending the commission's
				decision. In all instances of blocking requests by a terminating carrier, the
				costs associated with blocking shall be borne by the terminating carrier, even
				if blocking is ultimately not implemented. The obligation to establish an
				escrow account will also cease, pending further direction from the commission.
(11) Nothing in sections (1)
				through (10) above shall require transiting carriers to block traffic of
				originating carriers using switching services provided by an incumbent local
				exchange carrier or other entity. It is recognized that, at the time of call
				placement, transiting carriers cannot identify the traffic originated by a
				particular originating carrier where that particular originating carrier and
				one (1) or more other originating carriers are using the same switch to
				originate traffic. Terminating carriers who desire to block the traffic of a
				particular originating carrier of such a "shared" switch platform shall file a
				formal complaint with the commission seeking such blockage. All such formal
				complaints shall name the originating carrier whose traffic is sought to be
				blocked, as well as the carrier or other entity whose switch is being used to
				originate the traffic. All such formal complaints shall be filed pursuant to
				the commission's procedures for filing formal complaints, and shall set forth
				complete details including, but not limited to, any violation of commission
				rules or Missouri statutes alleged to have occurred. Such formal complaint
				shall also state what action and relief the complainant seeks from the
				commission. Such requested relief may include complete blockage of the
				originating carrier using switching services provided by the incumbent local
				exchange carrier or other entity whose switch is being used. All such formal
				complaints shall request expedited consideration.
*Original authority: 386.040, RSMo 1939 and
					 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993,
					 1995, 1996.