US LEC petitioned FCC for declaratory ruling reaffirming that LEC...

carrier, which it didn’t name, had challenged US LEC’s billing for access service provided on long distance calls to and from commercial mobile radio service (CMRS) subscribers. It said such challenge hadn’t emerged in past but that issue was relevant for FCC to clarify as more wireless end users used their phones as part of national, long distance pricing plans. “Under the existing compensation structure established by the Commission, it is clear that LECs are entitled to access charges for these calls, and it is also clear that the prevailing practice is for LECs to assess access charges for these calls and for the IXC to pay these charges,” US LEC said. Competitive carrier sought “prompt ruling” from FCC “reaffirming” right of LECs to bill for access service they provided on such calls “to dispel any controversy or uncertainty surrounding this issue.” Company said FCC had acknowledged that until wireless operators generated enough traffic to justify direct connections to IXC points of presence, most CMRS carriers were expected to rely on LECs to interconnect interexchange traffic to IXCs. As wireless subscribers step up their use of national long distance calling plans, LEC networks increasingly will be called on to provide access service to IXCs, US LEC said. “It is vital that LECs be able to recover access charges for providing this access service,” company said. FCC recently ruled that Sprint PCS wasn’t barred from charging AT&T access fees for use of Sprint PCS network, but that AT&T wasn’t required to pay them absent contractual obligation to do so. That decision “reinforces” idea that LECs can impose access charges for CMRS traffic, US LEC said. “Unlike CMRS providers, LECs have tariffed access charges and their access charges are regulated,” filing said.