Access Charges for IP-Transported Calls, 59347-59348 [05-20527]

Download as PDF Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices 8034 (February 17, 2005); Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CC Docket No. 98–67, CG Docket No. 03–123, Order on Reconsideration, FCC 05–139, note 109 (July 19, 2005), published at 70 FR 51643 (August 31, 2005). The Commission is concerned that the misuse of VRS may be partially responsible for the large increase in minutes of use of VRS. The Interstate TRS Fund reimbursed 869,003 minutes of VRS usage for June 2004 and 2,136,657 minutes for June 2005. The Commission understands that VRS providers generally have procedures in place to terminate calls where VRS is being used as a way to obtain free interpreting services. However, the Commission also understands that persons misusing VRS may be doing so in ways to avoid detection, and are also publicizing these methods via consumer bulletin boards and other means. The Commission is mindful that employers, State and local government entities, and public accommodations are required under the ADA to provide persons with hearing disabilities a reasonable accommodation, and that the accommodation may entail the use of a sign language interpreter. However, VRS cannot be used as a substitute for using an in-person interpreter or VRI in situations that would not, absent one of the parties’ hearing disability, entail the use of the telephone. The Commission will continue to carefully scrutinize the provision and use of VRS to ensure that it is being used only as a means of accessing the telephone system, not as a substitute for VRI or as a means to gain free ‘‘in-person’’ interpreting services. The Commission encourages persons requiring interpreting service and providing interpreting services, as well as VRS providers, to report any improper use of VRS to the Commission so that it may ensure that the Interstate TRS Fund is compensating only legitimate VRS calls. The Commission will continue to closely monitor alleged instances of the wrongful use of VRS, and take whatever enforcement action is necessary and appropriate against such misuse. Federal Communications Commission. Jay Keithley, Deputy Chief, Consumer & Governmental Affairs Bureau. [FR Doc. 05–20133 Filed 10–11–05; 8:45 am] BILLING CODE 6712–01–P VerDate Aug<31>2005 19:48 Oct 11, 2005 Jkt 208001 FEDERAL COMMUNICATIONS COMMISSION [WC Docket No. 05–276; DA 05–2514] Access Charges for IP-Transported Calls Federal Communications Commission. ACTION: Notice. AGENCY: SUMMARY: This document seeks comment on petitions for declaratory ruling filed by SBC and VarTec. SBC seeks a declaratory ruling that wholesale transmission providers using Internet protocol (IP) technology to transport long distance calls are liable for access charges. VarTec seeks a declaratory ruling that it is not required to pay access charges to terminating local exchange carriers (LECs) when enhanced service providers or other carriers deliver calls directly to the terminating LECs for termination. VarTec also seeks a declaratory ruling that such calls are exempt from access charges when they are originated by a commercial mobile radio service (CMRS) provider and do not cross metropolitan trading area (MTA) boundaries. VarTec also seeks a declaratory ruling that terminating LECs are required to pay VarTec for the transiting service VarTec provides when terminating LECs terminate intraMTA calls originated by a CMRS provider. DATES: Comments due November 10, 2005, and reply comments due December 12, 2005. ADDRESSES: You may submit comments, identified by WC Docket No. 05–276, by any of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Federal Communications Commission’s Web Site: https:// www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments. E-mail: Include the docket number in the subject line of the message. Mail: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 202– 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 59347 Bureau, Pricing Policy Division, (202) 418–1530, jennifer.mckee@fcc.gov. SUPPLEMENTARY INFORMATION: On September 21, 2005, the SBC incumbent local exchange carriers (SBC) filed a petition for declaratory ruling that wholesale transmission providers using Internet protocol (IP) technology to transport long distance calls are liable for access charges. SBC filed its petition after the United States District Court for the Eastern District of Missouri dismissed without prejudice SBC’s claims seeking payment of access charges for long distance calls that were transported using IP technology. The court found it appropriate to defer the issues raised by SBC to the primary jurisdiction of the FCC. In its petition, SBC seeks a declaratory ruling that wholesale transmission providers using IP technology to carry long distance calls that originate and terminate on the public switched telephone network (PSTN) are liable for access charges under § 69.5 of the Commission’s rules, 47 CFR 69.5, and applicable tariffs. SBC seeks a ruling that providers meeting these criteria are interexchange carriers. VarTec filed a petition for declaratory ruling on related issues. Specifically, VarTec seeks a declaratory ruling that it is not required to pay access charges to terminating local exchange carriers (LECs) when enhanced service providers or other carriers deliver calls directly to the terminating LECs for termination. VarTec also seeks a declaratory ruling that such calls are exempt from access charges when they are originated by a commercial mobile radio service (CMRS) provider and do not cross major trading area (MTA) boundaries. VarTec also seeks a declaratory ruling that terminating LECs are required to pay VarTec for the transiting service VarTec provides when terminating LECs terminate intraMTA calls originated by a CMRS provider. Interested parties may file comments on or before November 10, 2005, and reply comments on or before December 12, 2005. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to https://www.fcc.gov/ cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number, in this case WC Docket No. 05–276. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions E:\FR\FM\12OCN1.SGM 12OCN1 59348 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Notices for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, ‘‘get form.’’ A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). Parties are strongly encouraged to file comments electronically using the Commission’s Electronic Comment Filing System (ECFS). The Commission’s contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. —The filing hours at this location are 8 a.m. to 7 p.m. —All hand deliveries must be held together with rubber bands or fasteners. —Any envelopes must be disposed of before entering the building. —Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. —U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Parties should also send a copy of their filings to Jennifer McKee, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5–A263, 445 12th Street, SW., Washington, DC 20554, or by e-mail to jennifer.mckee@fcc.gov. Parties shall also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, (202) 488–5300, or via e-mail to fcc@bcpiweb.com. Documents in WC Docket No. 05–276, including the SBC Petition and the VarTec Petition, are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW., Room CY–A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone (202) 488–5300, facsimile (202) 488–5563, TTY (202) 488–5562, e-mail fcc@bcpiweb.com. VerDate Aug<31>2005 19:48 Oct 11, 2005 Jkt 208001 This matter shall be treated as a ‘‘permit-but-disclose’’ proceeding in accordance with the Commission’s ex parte rules. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or twosentence description of the views and arguments presented generally is required. Other requirements pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s rules. Federal Communications Commission. Donald Stockdale, Acting Deputy Chief, Wireline Competition Bureau. [FR Doc. 05–20527 Filed 10–11–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL RESERVE SYSTEM Sunshine Act Meeting Board of Governors of the Federal Reserve System. AGENCY HOLDING THE MEETING: 11:30 a.m., Monday, October 17, 2005. TIME AND DATE: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551. PLACE: STATUS: Closed. MATTERS TO BE CONSIDERED: 1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 2. Any items carried forward from a previously announced meeting. FOR FURTHER INFORMATION CONTACT: Board of Governors of the Federal Reserve System, October 7, 2005. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 05–20568 Filed 10–7–05; 3:25 pm] BILLING CODE 6210–01–S FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Sunshine Act Notice 9 a.m. (EDT), October 17, 2005. PLACE: 4th Floor Conference Room, 1250 H Street, NW, Washington, DC. STATUS: Parts will be open to the public and parts closed to the public. MATTERS TO BE CONSIDERED: TIME AND DATE: Parts Open to the Public 1. Approval of the minutes of the September 19, 2005, Board member meeting. 2. Thrift Savings Plan activity report by the Executive Director. 3. Quarterly Investment Policy report. 4. Quarterly Vendor Financial Statement report. 5. Old business. Resolution to require Executive Director to consult Board. 6. Mid-year financial audit report from Deloitte & Touche. Parts Closed to the Public 7. Procurement. 8. Personnel. CONTACT PERSON FOR MORE INFORMATION: Thomas J. Trabucco, Director, Office of External Affairs, (202) 942–1640. Dated: October 6, 2005. Elizabeth S. Woodruff, Secretary to the Board, Federal Retirement Thrift Investment Board. [FR Doc. 05–20482 Filed 10–6–05; 5:02 pm] BILLING CODE 6760–01–P GENERAL SERVICES ADMINISTRATION Michelle A. Smith, Director, Office of Board Members; 202–452–2955. Notice of a Deviation; Motor Vehicle Management You may call 202–452–3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board’s Web site at https:// www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. AGENCY: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Notice of a deviation. SUMMARY: This notice announces that the General Services Administration (GSA), Office of Governmentwide Policy (M), is granting a deviation from the Federal Management Regulation (FMR) to all agencies whose purchase of gasoline for motor vehicles has been impacted by Hurricanes Katrina and E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59347-59348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20527]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[WC Docket No. 05-276; DA 05-2514]


Access Charges for IP-Transported Calls

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document seeks comment on petitions for declaratory 
ruling filed by SBC and VarTec. SBC seeks a declaratory ruling that 
wholesale transmission providers using Internet protocol (IP) 
technology to transport long distance calls are liable for access 
charges. VarTec seeks a declaratory ruling that it is not required to 
pay access charges to terminating local exchange carriers (LECs) when 
enhanced service providers or other carriers deliver calls directly to 
the terminating LECs for termination. VarTec also seeks a declaratory 
ruling that such calls are exempt from access charges when they are 
originated by a commercial mobile radio service (CMRS) provider and do 
not cross metropolitan trading area (MTA) boundaries. VarTec also seeks 
a declaratory ruling that terminating LECs are required to pay VarTec 
for the transiting service VarTec provides when terminating LECs 
terminate intraMTA calls originated by a CMRS provider.

DATES: Comments due November 10, 2005, and reply comments due December 
12, 2005.

ADDRESSES: You may submit comments, identified by WC Docket No. 05-276, 
by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Federal Communications Commission's Web Site: https://www.fcc.gov/
cgb/ecfs. Follow the instructions for submitting comments.
    E-mail: Include the docket number in the subject line of the 
message.
    Mail: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.
    People with Disabilities: Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition 
Bureau, Pricing Policy Division, (202) 418-1530, 
jennifer.mckee@fcc.gov.

SUPPLEMENTARY INFORMATION: On September 21, 2005, the SBC incumbent 
local exchange carriers (SBC) filed a petition for declaratory ruling 
that wholesale transmission providers using Internet protocol (IP) 
technology to transport long distance calls are liable for access 
charges. SBC filed its petition after the United States District Court 
for the Eastern District of Missouri dismissed without prejudice SBC's 
claims seeking payment of access charges for long distance calls that 
were transported using IP technology. The court found it appropriate to 
defer the issues raised by SBC to the primary jurisdiction of the FCC. 
In its petition, SBC seeks a declaratory ruling that wholesale 
transmission providers using IP technology to carry long distance calls 
that originate and terminate on the public switched telephone network 
(PSTN) are liable for access charges under Sec.  69.5 of the 
Commission's rules, 47 CFR 69.5, and applicable tariffs. SBC seeks a 
ruling that providers meeting these criteria are interexchange 
carriers.
    VarTec filed a petition for declaratory ruling on related issues. 
Specifically, VarTec seeks a declaratory ruling that it is not required 
to pay access charges to terminating local exchange carriers (LECs) 
when enhanced service providers or other carriers deliver calls 
directly to the terminating LECs for termination. VarTec also seeks a 
declaratory ruling that such calls are exempt from access charges when 
they are originated by a commercial mobile radio service (CMRS) 
provider and do not cross major trading area (MTA) boundaries. VarTec 
also seeks a declaratory ruling that terminating LECs are required to 
pay VarTec for the transiting service VarTec provides when terminating 
LECs terminate intraMTA calls originated by a CMRS provider.
    Interested parties may file comments on or before November 10, 
2005, and reply comments on or before December 12, 2005. Comments may 
be filed using the Commission's Electronic Comment Filing System (ECFS) 
or by filing paper copies. Comments filed through the ECFS can be sent 
as an electronic file via the Internet to https://www.fcc.gov/cgb/ecfs/. 
Generally, only one copy of an electronic submission must be filed. In 
completing the transmittal screen, commenters should include their full 
name, U.S. Postal Service mailing address, and the applicable docket or 
rulemaking number, in this case WC Docket No. 05-276. Parties may also 
submit an electronic comment by Internet e-mail. To get filing 
instructions

[[Page 59348]]

for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, 
and should include the following words in the body of the message, 
``get form.'' A sample form and directions will be sent in reply. 
Parties who choose to file by paper must file an original and four 
copies of each filing.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). Parties are strongly encouraged to file comments 
electronically using the Commission's Electronic Comment Filing System 
(ECFS).
    The Commission's contractor, Natek, Inc., will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002.

--The filing hours at this location are 8 a.m. to 7 p.m.
--All hand deliveries must be held together with rubber bands or 
fasteners.
--Any envelopes must be disposed of before entering the building.
--Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
--U.S. Postal Service first-class mail, Express Mail, and Priority Mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.

    All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties should 
also send a copy of their filings to Jennifer McKee, Pricing Policy 
Division, Wireline Competition Bureau, Federal Communications 
Commission, Room 5-A263, 445 12th Street, SW., Washington, DC 20554, or 
by e-mail to jennifer.mckee@fcc.gov. Parties shall also serve one copy 
with the Commission's copy contractor, Best Copy and Printing, Inc. 
(BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 
20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com.
    Documents in WC Docket No. 05-276, including the SBC Petition and 
the VarTec Petition, are available for public inspection and copying 
during business hours at the FCC Reference Information Center, Portals 
II, 445 12th St. SW., Room CY-A257, Washington, DC 20554. The documents 
may also be purchased from BCPI, telephone (202) 488-5300, facsimile 
(202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com.
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one- or two-sentence description of the views 
and arguments presented generally is required. Other requirements 
pertaining to oral and written ex parte presentations in permit-but-
disclose proceedings are set forth in section 1.1206(b) of the 
Commission's rules.

Federal Communications Commission.
Donald Stockdale,
Acting Deputy Chief, Wireline Competition Bureau.
[FR Doc. 05-20527 Filed 10-11-05; 8:45 am]
BILLING CODE 6712-01-P
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