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IP: FCC sets new Internet carrier payment policy


From: David Farber <dave () farber net>
Date: Mon, 23 Apr 2001 04:39:08 -0400




FCC sets new Internet carrier payment policy

Janos Gereben - www.the451.com



[Government revamps rate arrangements between incumbent and competitive
local exchange carriers in US public switched telephone network.]



In a long awaited decision, the Federal Communications Commission voted 3-1
to reduce significantly carrier-to-carrier payments between incumbent local
exchange carriers (ILEC) such as Bell Atlantic and SBC, and competitive
local exchange carriers (CLEC) - companies acting as retail Internet service
providers.



FCC chairman Michael Powell, commissioners Susan Ness and Gloria Tristani
voted in favor, Harold Furchtgott-Roth against the new regulations. Powell
said the matter of "disparate compensation arrangements between carriers and
other companies for traffic that traverses the public switched telephone
network" is of great importance to the regulatory process and to nation's
network.



In a related matter, more obviously important to users, the FCC indicated
that it will soon conclude its CLEC access-charges proceeding. Powell
referred to "the soon-to-be-adopted Order regarding how much CLECs can
tariff and charge long distance companies in access charges."



The Commission also announced that telecommunications delivered to ISPs is
interstate-access traffic, specifically "information access," and it will
not be subject to reciprocal compensation. Ness said the Commission
decisions have modified rate structures so that "payments more accurately
reflect costs and the manner in which those costs are incurred." The FCC's
goal, she said, "has been to reduce distortions in the marketplace that
serve as impediments to competition." In opposition, Furchtgott-Roth called
the decision "sad and shameful." The FCC is "telling private parties that
Washington knows how to improve their lot better than they do themselves,"
the Republican commissioner said. "We would be mandating an invasive form of
nationwide price regulation, a great irony at a time when politicians of all
stripes embraces the ideals of economic deregulation."



Recovery of costs for originating and terminating telecommunications traffic
delivered to ISPs has been a complex and hit-and-miss affair, characterized
by the Commission ruling as "creating opportunities for regulatory arbitrage
and distorted market incentives."



The new rates for inter-carrier compensation of ISP-bound traffic will be
capped at 0.15 cents ($.0015) per minute-of-use (MOU) for the next six
months, reduced to 0.10 cents MOU for the following 18 months, and 0.07
cents MOU after that. These amounts may appear miniscule, but multiplied by
the millions of MOUs daily, they add up to a pretty penny. There is also a
complex set of rules and exceptions going with the new rates, available at
http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/2001/nrcc0114.html.



The FCC decision comes a year after the US Court of Appeals for the District
of Columbia Circuit vacated the Commission's previous declaratory ruling in
the matter "for want of reasoned decision-making." It is possible that the
courts may have role in deciding the case of "Intercarrier Compensation for
ISP-Bound Traffic," but the Commission staff is likely to have considered
the facts very closely to avoid the charge of "want of reasoned
decision-making" again.



==================
Janos Gereben/SF, CA
janos451 () earthlink net



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