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 4240-29.120 - Blocking Traffic of Originating Carriers and/or Traffic Aggregators by Transiting Carriers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes parameters and
				  procedures enabling transiting carriers to block traffic of originating
				  carriers and/or traffic aggregators who fail to comply with rules pertaining to
				  LEC-to-LEC traffic.
(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 for transiting traffic, direct interconnection with terminating
				carriers, or contracting with interexchange carriers for traffic
				delivery.
(2) A transiting carrier
				may block any or all Local Exchange Carrier-to-Local Exchange Carrier
				(LEC-to-LEC) traffic it receives from an originating carrier and/or traffic
				aggregator who fails to fully compensate the transiting carrier or who fails to
				deliver originating caller identification to the transiting carrier.
				Additionally, the transiting carrier may block any or all additional LEC-to-LEC
				traffic it receives from an originating carrier and/or traffic aggregator who
				fails to compensate the transiting carrier for the costs associated with
				establishing blocking arrangements made pursuant to this rule, whether or not
				such blocking actually occurred.
(3) The transiting carrier shall provide all
				affected carriers, including, but not limited to, the originating carrier
				and/or traffic aggregator, and the manager of the telecommunications department
				of the Missouri Public Service Commission (MoPSC), written notice by certified
				mail at least thirty (30) days prior to implementing blocking. Such
				notification shall clearly indicate the rea-son(s) for certain traffic to be
				blocked, the date the traffic block will begin, 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 MoPSC.
				The originating carrier and/or traffic aggregator shall compensate the
				transiting carrier for any blocking preparation and/or implementation work
				performed to implement blocking, even if blocking is ultimately not
				implemented. Such blocks will not be instituted on weekends or holidays, or on
				a day immediately preceding a weekend or holiday.
(4) Upon receipt of notice that its traffic
				is subject to blocking, a wireline carrier shall determine whether to use
				alternate means of delivering the traffic that is subject to blocking. If the
				wireline carrier elects not to use an alternate means of delivering the
				traffic, the wireline carrier shall, within fifteen (15) days after receipt of
				notice, notify all potentially affected end users in writing that calls to
				affected NPA-NXXs may be blocked. 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 (5) and (6) following.
(5) If an originating carrier and/or traffic
				aggregator disputes a proposal where some or all of its LEC-to-LEC traffic
				would be blocked by a transiting carrier, the originating carrier and/or
				traffic aggregator should immediately seek formal 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. Such
				complaint shall include a request for expedited resolution.
(6) If an originating carrier and/or traffic
				aggregator files a formal complaint, the transiting carrier will cease
				blocking, pending the commission's decision. In all instances of blocking by a
				transiting carrier, the costs associated with blocking shall be borne by the
				originating carrier and/or traffic aggregator.
(7) 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. Transiting carriers who desire to block 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.