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Presented by Vic Jackson

Update on the Battle for Interconnection Mountain Comm vs the FCC. Presented by Vic Jackson. Background. Mountain Communications vs the FCC Mountain filed a Petition for Review Petition filed at US Court of Appeals for the District of Columbia, 8/12/02

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Presented by Vic Jackson

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  1. SBT Spring 2003 March 11, 2003 Page 1

  2. Update on the Battle for Interconnection Mountain Comm vs the FCC Presented by Vic Jackson SBT Spring 2003 March 11, 2003 Page 2

  3. Background • Mountain Communications vs the FCC • Mountain filed a Petition for Review • Petition filed at US Court of Appeals for the District of Columbia, 8/12/02 • FCC Decision was Arbitrary and Capricious, FCC Order was unlawful • Petitioner: Mountain Communications, Inc., Pueblo, Colorado • Business: Paging Carrier interconnected with Qwest (formerly US West) • Additional Locations: Colorado Springs, Walsenburg, Colorado • Type 1 Interconnection . SBT Spring 2003 March 11, 2003 Page 3

  4. The Issues • Qwest has billed Mountain for: • “Dedicated Toll Facilities” • “Transit” facilities • The “Dedicated Toll Facilities” connect number blocks in one city to Mountain’s paging switch in another city. • Mountain contends this is a single point of interconnection in a LATA not a “Wide Area Calling Service”. • The “Transit” charges are for the facilities used to deliver non-local calls from carriers other than Qwest. • Mountain contends Qwest is paid by the originating carriers for the facilities used by Qwest to deliver calls to Mountain. SBT Spring 2003 March 11, 2003 Page 4

  5. History of FCC Complaint • Mountain filed a Complaint at the FCC. • Mountain and Qwest presented Briefs on the Issues. • FCC issued an Order • Qwest transit charges were valid per prior Texcom Order • Qwest could charge for “dedicated toll facilities” • Mountain asked for a Review of the Order • FCC issued an Order on Review • The FCC re-affirmed their first Order SBT Spring 2003 March 11, 2003 Page 5

  6. Court of Appeals Arguments • A Federal District Court in Montana ruled that LATA calls are local. • The Iowa Utilities Board ruled that LATA calls are local. • The FCC themselves said carriers are entitled to a single point of Interconnection in a LATA. (8 days prior to Mountain Order on Review) • FCC rules do not distinguish between Type 1 or Type 2 interconnection or between one way paging and two way cellular, except for compensation due for terminating calls. SBT Spring 2003 March 11, 2003 Page 6

  7. Court of Appeals Arguments (Continued) • The FCC’s citation to its own Local Competition Order is not a valid citation. i.e. the citation makes no mention of land to mobile calling or “transit” traffic. • The FCC’ Orders instruct paging carriers to recover costs of terminating calls from unknown carriers without specifying a means to do it. SBT Spring 2003 March 11, 2003 Page 7

  8. Current Court of Appeals Status • Initial Briefs are due April 18. • Mountain and the FCC will make their arguments on the legal issues to the Court of Appeals. • The Court will then either make a decision to remand the issues back to the FCC or take other action as appropriate. SBT Spring 2003 March 11, 2003 Page 8

  9. Implications For All Wireless Carriers • The FCC’s Mountain Orders are affecting all CMRS carriers. • The LEC’s are changing their interconnection agreements to reflect: • Charges for Facilities used to deliver call traffic outside the LEC’s state authorized local calling area. • Charges for transit traffic facilities. • Anything else they think they can get away with!! SBT Spring 2003 March 11, 2003 Page 9

  10. Other Issues of Interest to CMRS Carriers Including Paging • JSM Tele-Page Complaint in Wisconsin: Can a Paging carrier use a cellular interconnection agreement? Can a CMRS carrier adopt an agreement from another state? • Proposed 252(i) changes. Adoption of Agreements or provisions. • FCC Order on UNE pricing mentioned changes to Adoption rules. • Number Portability (11/24/2003 for wireless carriers) • Rate Center issue with CMRS to Landline Porting • Thousands Block Number Pooling (Now in effect) • Bill and Keep (no compensation for termination of calls). • Elimination of Line Sharing requirement by ILEC’s. SBT Spring 2003 March 11, 2003 Page 10

  11. JSM Complaint Status • JSM Tele-Page Complaint in Wisconsin: Can a Paging carrier use a cellular interconnection agreement? Can a CMRS carrier adopt an agreement from another state? • Answer: Apparently yes. • Currently, JSM is “negotiating” with SBC to “adopt” a Cellular agreement in Wisconsin. SBT Spring 2003 March 11, 2003 Page 11

  12. Last Words • Mountain Communications needs your help in its fight with the FCC. • Money Support Whatever! • The Bells are trying to eliminate their competition in the local markets. • The FCC is on a deregulation path that will allow the Bells to squash the competition including Small Telecommunications companies. • Beware or Rejoice: A New Era in Telecommunications is Evolving. • And YOU are there! . SBT Spring 2003 March 11, 2003 Page 12

  13. Presented by Vic Jackson SBT Spring 2003 March 11, 2003 Page 13

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