CORETEL
ASKS U.S. COURT OF APPEALS TO OVERTURN FCC RECIPROCAL COMPENSATION GUIDELINES
-- CoreTel argues FCC ignored Court's previous instructions --
Annapolis,
MD, June 5, 2001 - - Core Communications, Inc. ("CoreTel") has asked
the U.S. Court of Appeals for the District of Columbia Circuit to vacate
the Federal Communications Commission's (FCC) April 27, 2001 guidelines
on reciprocal compensation.
In
a petition for enforcement filed late yesterday with the U.S. Court of
Appeals, CoreTel argues that the FCC ignored the Court's earlier instructions
in the case of Bell Atlantic Telephone Companies v. FCC. In that ruling,
the Court remanded the FCC's previous rules on reciprocal compensation
back to the FCC for further clarification. CoreTel argues that the April
27, 2001 reciprocal compensation order issued by the FCC does not address
the Court's previous concerns.
In
its petition, CoreTel has requested that the Court:
-
Enforce
the mandate of Bell Atlantic v. FCC;
-
Vacate
the FCC's April 27, 2001 order on reciprocal compensation;
-
Issue
a writ compelling the FCC to hold that ISP-bound traffic is subject
to Section 251(b) reciprocal compensation.
The
Telecommunications Act of 1996 requires that local exchange carriers (LECs)
compensate each other for terminating telephone calls that originate on
another LECs network. In the 1996 Act, this provision - better known as
reciprocal compensation or 251(b) - included all "local telecommunications
traffic" including calls to and from ISPs.
Since
the passage of the 1996 Act, the usage of the Internet has grown exponentially.
Many LECs - especially the Incumbent Local Exchange Carriers (ILECs) such
as Verizon -- now argue that they should not have to pay CLECs to terminate
ISP traffic. In its April 27 ruling on reciprocal compensation, the FCC
sided with ILECs and ruled that ISP-bound dial-up calls are not eligible
for reciprocal compensation. The FCC also abandoned its previous reasoning
on reciprocal compensation and, in violation of Section 251(b) of the
Telecommunications Act, made up an entirely new theory, namely that ISP-bound
traffic is "information access service" in order to deny reciprocal compensation
to CLECs that carry ISP traffic.
"By
creating an arbitrary new category in its April 27 reciprocal compensation
ruling, the FCC not only pulled a fast one on CLECs that carry ISP bound
traffic and who, for the past five years, have followed the letter and
spirit of the 1996 Act in creating their business plans, but the Commission
has blatantly ignored the Court of Appeals and Congress by coming up with
their own rules on reciprocal compensation," said Bret Mingo, chief executive
officer of CoreTel. "If the FCC truly means to encourage telecommunications
competition, then we need a consistent and fair approach on the issue
of reciprocal compensation."
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About
Core Communications, Inc.
Core Communications,
Inc. ("CoreTel") is a Competitive Local Exchange Carrier (CLEC) headquartered
in Annapolis, Maryland. CoreTel competes directly with Verizon - Maryland, Inc.
and other CLECs in the highly contested data communications marketplace. CoreTel
relies on its expertise with integrating the Internet and telephone networks
to provide targeted services to data-focused customers. As a CLEC, CoreTel is
the product of the Telecommunications Act of 1996, which deregulated local exchange
telecommunications nationwide, as well as the pro-competition policies of the
Maryland Public Service Commission. CoreTel's investors include Charles Ross
Partners, LLC. For more information, please visit CoreTel's web site at www.coretel.net.
FOR MORE
INFORMATION CONTACT:
Robin Buckley
Buckley & Kaldenbach, Inc.
703.533.9805
Reporters
who would like a copy of the petition may contact:
Stephanie
A. Joyce
Patton Boggs, LLP
202.457.6000 (extension 6194) |