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Advancing The Cause of Competition in the Telecommunications Industry
ANNUAL SECTION 43.61(a) INTERNATIONAL TELECOMMUNICATIONS TRAFFIC
REPORTS DUE BY AUGUST 1, 2005
Carriers are reminded that Section 43.61(a) of the Federal
Communications Commission's rules requires each common carrier that
provided international telecommunications services in year 2004 to
file a report of their international traffic data for calendar year
2004 by July 31, 2005.
All common carriers that provided international facilities-based and
facilities-resale switched and private line services, or pure switched
resale services, in the calendar year are required to file the report
regardless of the amount of traffic they provided. Facilities-based
services are provided using international transmission facilities that
the carrier owns in whole or in part, or that the carrier leases from
an entity that does not report those circuits in its own Section 43.61
report. Facilities-resale services are provided by leasing
non-switched international circuits from other reporting international
carriers. These are distinct from pure switched resale services,
which are switched services that are provided by reselling the
international switched services of other U.S.-authorized carriers.
International facilities-based and facilities-resale switched message
telephone and private line services data must be filed on a
country-by-country, region and world total basis. International
switched telegraph, telex and other miscellaneous services data may be
provided on a region and world total basis only. Carriers that
provided international pure switched resale services for the calendar
year may file world totals only.
Clients seeking assistance with the Section 43.61(a) traffic reporting
requirements may contact Jonathan S. Marashlian at jsm@thlglaw.com or
703-714-1313.
MEXICO SET TO OPEN TELECOMMUNICATIONS MARKETS TO RESELLERS
In June 2004, The World Trade Organization ruled that
telecommunications regulations in Mexico, which require connection
with Mexican operators to complete calls coming from the United
States, violate international trade rules. This month, in a first
step to comply with the WTO ruling, the Mexican government is expected
to implement new regulations that will allow companies to buy and
resell domestic long distance from Mexican operators, most notably
TelMex.
The regulations would open Mexico's market to any company, big or
small, foreign or domestic, that is willing to resell long distance
telephone services. Resellers can buy large volumes of airtime from
existing carriers at a discount and resell them to consumers and
companies by means of calling cards and pre-paid plans. With the
expected introduction of resellers into the Mexican telecommunications
market, rates are expected to become significantly cheaper.
Within one year after the publication of long distance resale
regulations, the Mexican government is also expected to allow
resellers to enter other communications markets, such as local and
mobile telephony, and pay television.
FCC'S VOIP 911 RULES PUBLISHED IN FEDERAL REGISTER - EFFECTIVE DATE:
NOV. 28, 2005
The FCC's Report and Order which requires "interconnected VoIP
providers" to provide enhanced 911 ("E911") emergency calling
capabilities to their customers was published in the Federal Register
on June 29, 2005. As a result of publication, the new rules (which
were scheduled to go into effect within 120 days after the effective
date of the Order) become effective on November 28, 2005. After this
date, it will be unlawful for an interconnected VoIP provider to offer
services lacking 911 capability which is the equivalent of traditional
landline 911 services.
DC CIRCUIT COURT UPHOLDS DECISION DENYING PAYPHONE SERVICE PROVIDERS
PRIVATE RIGHT OF ACTION IN FEDERAL COURT TO COLLECT UNPAID DIAL AROUND
COMPENSATION
In APCC Services, Inc., et al. v. Sprint Communications (case
04-7035), a majority of the U.S. Court of Appeals for the D.C. Circuit
upheld payphone aggregator, APCC Services', standing to sue on behalf
of its payphone service provider (PSP) clients, but ruled that PSPs
(or their assignees, i.e., APCC Services) lack a statutory cause of
action to sue for recovery of unpaid compensation in federal court.
The DC Circuit decision in APCC Services v. Sprint follows the Ninth
Circuit Appeals Court's 2003 decision in Greene v. Sprint
Communications and further supports the conclusion that, despite
creating the right to compensation in Sec. 276 of the Communications
Act, Congress did not intend for PSPs to have a federal right to
recover unpaid compensation, at least in federal courts. However,
neither the APCC Services nor Greene decisions limit a PSPs right to
recover in state courts under common law theories.
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The Front Lines is a free publication of The Helein Law Group, LLLP,
providing clients and interested parties with valuable information,
news, and updates regarding regulatory and legal developments
primarily impacting companies engaged in the competitive
telecommunications industry.
The Front Lines does not purport to offer legal advice nor does it
establish a lawyer-client relationship with the reader. If you have
questions about a particular article, general concerns, or wish to
seek legal counsel regarding a specific regulatory or legal matter
affecting your company, please contact our firm at 703-714-1313 or
visit our website: http://www.thlglaw.com/
The Helein Law Group, LLLP
8180 Greensboro Drive, Suite 700
McLean, Virginia 22102
Jonathan Marashlian (jsm@thlglaw.com)