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'Ripe for Decision'

Sprint-Led Group Seeks Quick Clarity on intraMTA Rules

Level 3, Sprint and Verizon are pressing the FCC to act on a longstanding intercarrier compensation fight between LECs and interexchange carriers (IXCs) over “intraMTA” (major trading area) wireline-wireless traffic. Representatives of the three met with various FCC officials Tuesday to press their case, especially in light of a November decision by Judge Sidney Fitzwater of the U.S. District Court for the Northern District of Texas, Dallas Division, siding with LECs (see 1511200070).

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We urged the Commission to act quickly and make clear that the district court’s recent decision… conflicts with the Commission’s intercarrier compensation reform efforts,” said Level 3, Sprint and Verizon. “The Commission should resolve this industry-wide matter by denying the declaratory ruling petition and reiterating that the intraMTA rule applies without exception to all traffic, regardless of whether an intermediary IXC or other carrier is involved in routing.” The filing was signed by Harris Wiltshire lawyer Christopher Wright.

The three companies said a petition before the FCC is “ripe for decision, and the Commission should once and for all reiterate that there is no exception to the intraMTA rule and that all intraMTA wireless traffic is subject to the reciprocal compensation regime for all carriers in the call path, regardless of whether it is carried by an intermediary carrier, including an IXC.” FCC policy has been clear since 1996 and the release of the agency’s intraMTA rule, they said. The FCC reinforced the policy in its 2011 USF-intercarrier compensation reform order, they said. “There is no exception to this rule, regardless of whether the traffic is carried by an intermediary carrier.”

The Sprint, Verizon, Level 3 letter is meritless,” responded ITTA President Genny Morelli. “It’s an attempt to wish away the straightforward November 2015 federal district court ruling that it is lawful under federal law to charge IXCs access fees for access services that LECs provide to enable IXCs to exchange interstate wireless intraMTA calls.” CenturyLink declined to comment.

The fight has been ongoing for years. The FCC sought comment on a LEC petition on the issue in a notice released a year ago. In 2012, CTIA urged clarity, making the same points made in last week’s filing. “The intraMTA rule has been in effect for more than 15 years, has been upheld numerous times in court, and has always governed all intraMTA traffic,” CTIA said then.