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Ninth Circuit Decision is Big Victory for FTC and FCC

Posted by Andrew Regitsky

Mar 2, 2018 10:09:02 AM

In a February 26, 2018 Opinion, the full Ninth Circuit Court in San Francisco gave the Federal Trade Commission (FTC) a huge victory when it found that a company is regulated as if it were a common carrier based on a specific "activity" rather than by "status." In other words, a non-common carrier cannot become a common carrier and escape FTC regulation for its non-common carrier services simply by providing a single common carrier service. Instead, as per usual, its common carrier services would be regulated by the FCC, but its non-common carrier services would fall under FTC authority.   

The significance of this is clear. The non-common carrier services such as broadband Internet access service provided by ISPs like AT&T and Verizon will be regulated under section 5 of the FTC rules, as the FCC envisioned in its recently released Restoring Internet Freedom Order.

Here is the background for this important Opinion.

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Topics: CLECs, FCC, ILECs, switched access, service providers, bill-and-keep, wireless, inter-carrier compensation, terminating traffic, direct connections, wireless carriers, small providers, Inteliquent, wholesale traffic, AT&T, clec, terminating access charges, IXC

Can a CLEC Force an IXC to Buy Switched Access

Posted by Andrew Regitsky

Feb 23, 2018 10:00:00 AM

Industry comments are due on March 14, 2018, involving one of the weirdest filings to come before the FCC in a long time. In a Petition for Expedited Declaratory Ruling (Petition) filed by South Dakota Networks (SDN) on February 7, 2018 in Docket 18-41, SDN requests the Commission to issue a declaratory ruling asserting that in a dispute between it and Northern Valley Communications, Inc. (NVC) involving interstate switched access traffic:

A contract between SDN and AT&T, negotiated to terminate large volumes of traffic originally bound to a CLEC (NVC) engaged in access stimulation is lawful; and,CLECs, such as NVC, enjoy no exclusive right to transport terminating traffic to their end offices (or elsewhere). Moreover, the filing of a federal tariff by a CLEC, does not confer a right to compel other carriers to use the tariffed services.

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Topics: CLECs, FCC, ILECs, switched access, service providers, bill-and-keep, wireless, inter-carrier compensation, terminating switched access, terminating traffic, direct connections, wireless carriers, small providers, Inteliquent, wholesale traffic, AT&T, clec, terminating access charges, IXC, federal tariff

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