[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Notices]
[Pages 64120-64121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26435]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 01-92, DA 02-2436]


Intercarrier Compensation for Wireless Traffic

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: This document seeks comment on two petitions for declaratory 
ruling regarding the intercarrier compensation regime applicable to 
certain types of wireless traffic. Both petitions raise issues under 
consideration in CC Docket 01-92, Developing a Unified Intercarrier 
Compensation Regime.

DATES: Comments due October 18, 2002 and reply comments due November 1, 
2002.

ADDRESSES: Federal Communications Commission, 445 12th St., SW., 
Washington, DC 20554. See Supplementary Information section for where 
and how to file comments.

FOR FURTHER INFORMATION CONTACT: Steve Morris or Victoria Schlesinger, 
Pricing Policy Division, Wireline Competition Bureau, (202) 418-1530, 
or Gregory Vadas, Policy Division, Wireless Telecommunications Bureau, 
(202) 418-1798.

SUPPLEMENTARY INFORMATION: On September 6, 2002, T-Mobile USA, Inc., 
Western Wireless Corporation, Nextel Communications, Inc., and Nextel 
Partners, Inc. (CMRS Petitioners) filed a petition for declaratory 
ruling in the above-referenced docket requesting that the Commission 
``reaffirm that wireless termination tariffs are not a proper mechanism 
for establishing reciprocal compensation arrangements' between local 
exchange carriers (LECs) and commercial mobile radio service (CMRS) 
providers. According to CMRS Petitioners, a CMRS carrier typically will 
interconnect indirectly with a rural ILEC (i.e., traffic will be 
exchanged through an intermediate carrier.) CMRS Petitioners state that 
indirectly interconnecting carriers often exchange traffic pursuant to 
a bill-and-keep arrangement, rather than an interconnection agreement, 
at least for mobile-to-land traffic. CMRS Petitioners state that some 
rural LECs recently have filed state tariffs as a mechanism to collect 
reciprocal compensation for the termination of intra-MTA traffic 
originated by CMRS carriers. The CMRS Petitioners assert that 
compensation for such traffic should be paid only when the LEC and CMRS 
carrier have entered into an interconnection agreement under section 
251 of the Communications Act of 1934, as amended by the 
Telecommunications Act of 1996. In the absence of such an agreement, 
they state that traffic should be exchanged on a bill-and-keep basis. 
The CMRS Petitioners request that the Commission direct ILECs to 
withdraw any wireless termination tariffs in existence today or, 
alternatively, to declare such tariffs unlawful, void and of no effect. 
The CMRS Petitioners state that the Commission has authority to issue 
the requested ruling pursuant to sections 332(c)(1) and 201 of the 
Communications Act.
    On September 18, 2002, U.S. LEC Corp. filed a petition for 
declaratory ruling asking the Commission to ``issue a ruling 
reaffirming that LECs are entitled to recover access charges from IXCs 
for the provision of access service on interexchange calls originating 
from, or terminating on, the networks of CMRS providers.'' U.S. LEC 
states that industry practice is for IXCs to pay access charges to LECs 
for this traffic, but that recently one IXC has declined to pay these 
charges. U.S. LEC states that a requirement that IXCs pay access 
charges to LECs for traffic to or from a CMRS carrier is fully 
supported by Commission precedent. U.S. LEC asserts that grant of the 
petition is necessary to eliminate controversy and avoid future 
challenges regarding this issue. The U.S. LEC petition was placed in 
the record in the above-referenced docket.
    Both petitions raise issues under consideration in CC Docket 01-92, 
Developing a Unified Intercarrier Compensation Regime, 66 FR 28410, May 
23, 2001.
    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments on or before October 18, 2002, and 
reply comments on or before November 1, 2002. 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/e-file/ecfs.html. Generally, only one copy of an electronic submission must be 
filed. If multiple docket or rulemaking numbers appear in the caption 
of this proceeding, however, commenters must transmit one electronic 
copy of the filing to each docket or rulemaking number referenced in 
the caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic copy by Internet e-mail. To get filing instructions for e-
mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message: ``get 
form .'' A sample form and directions 
will be sent in reply. Commenters also may obtain a copy of the ASCII 
Electronic Transmittal Form (FORM-ET) at http://www.fcc.gov/e-file/email.html. Parties who choose to file by paper must file an original 
and four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number. 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). The Commission's contractor, 
Vistronix, 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

[[Page 64121]]

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, Office of 
the Secretary, Federal Communications Commission. Regardless of whether 
parties choose to file electronically or by paper, parties should also 
file one copy of any documents filed in this docket with the 
Commission's copy contractor, Qualex International, Portals II, 445 
12th Street SW., CY-B402, Washington, DC 20554 (telephone 202-863-2893; 
facsimile 202-863-2898) or via e-mail at [email protected]. In 
addition, one copy of each submission must be filed with the Chief, 
Pricing Policy Division, Wireline Competition Bureau, and Chief, Policy 
Division, Wireless Telecommunications Bureau, 445 12th Street, SW., 
Washington, DC 20554. Documents filed in this proceeding will be 
available for public inspection during regular business hours in the 
Commission's Reference Information Center, 445 12th Street, SW., 
Washington, DC 20554, and will be placed on the Commission's Internet 
site.
    This proceeding will be governed by ``permit-but-disclose'' ex 
parte procedures that are applicable to non-restricted proceedings 
under section 1.1206 of the Commission's rules. Parties making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must contain a summary of the substance of the 
presentation 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 rules pertaining to oral and 
written presentations are set forth in section 1.1206(b) as well. In 
addition, interested parties are to file any written ex parte 
presentations in this proceeding with the Commission's Secretary, 
Marlene H. Dortch, 445 12th Street, SW., TW-B204, Washington, DC 20554, 
and serve with three copies each: Pricing Policy Division, Wireline 
Competition Bureau, Attn: Victoria Schlesinger, and Policy Division, 
Wireless Telecommunications Bureau, Attn: Gregory Vadas, 445 12th 
Street, SW., Washington, DC 20554. Parties shall also serve with one 
copy: Qualex International, Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, (202) 863-2893.

Federal Communications Commission.
Tamara Preiss,
Division Chief, Pricing Policy Division.
[FR Doc. 02-26435 Filed 10-16-02; 8:45 am]
BILLING CODE 6712-01-P