Broadband provider Touch America filed complaint with FCC Mon. ch...

America contended actually was form of private line service. IRU stands for Indefeasible Right of Use, which usually defines sale of dark fiber between 2 carriers, with buyer installing own optic equipment. Touch America said Qwest had marketed IRUs as network facilities or “wavelength service,” but “under the terms of a Qwest Capacity IRU agreement, Qwest doesn’t sell any network facilities.” Instead, Vp Cort Freeman said, “Qwest keeps title to all the network infrastructure and operates and maintains it, something that wouldn’t happen if the capacity sale represented a network facility.” Touch America bought Qwest’s long distance business for $200 million in June 2000 when Qwest acquired U S West. In its FCC filing, Touch America charged Qwest also violated Sec. 271 by using IRUs “to reclaim customer accounts properly divested to Touch America.” Qwest spokesman held to company’s view that IRU was facility, not service, “and therefore not subject to Sec. 271.” He said FCC was aware of Qwest’s IRU business when it approved merger with U S West and issue hadn’t arisen since then.