On June 22, 2010, the Kentucky Public Service Commission (KY PSC) issued an order addressing a long-standing billing dispute between South Central Telecom LLC and AT&T Kentucky. In 2006, South Central filed a complaint action against AT&T for payment of access charges, at South Central’s tariffed rate, on all traffic AT&T delivers to South Central. AT&T sought to dismiss the complaint, arguing that only 2 percent of the traffic it delivers to South Central is AT&T-originated interLATA traffic that is subject to access charges, with the remainder consisting of either CMRS or transit traffic originated by other carriers. The two carriers are not directly interconnected. The KY PSC stated that “[b]ecause of this unique relationship, no tariff or other existing agreement appears to account for the treatment of all the traffic being delivered to South Central by AT&T.” The KY PSC ultimately ruled that if “the traffic terminated by South Central is non-local toll traffic, then AT&T Kentucky must pay access charges,” but if “the traffic is local in nature, then AT&T Kentucky is not responsible for paying access charges; but the traffic would be subject to reciprocal compensation if such arrangements are in place between the originating and terminating carriers.” The KY PSC further directed the parties to submit a negotiated agreement within 60 days addressing the various types of traffic and the terms and conditions upon which such traffic will be exchanged. Docket No. 2006-00448.
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Developments in intercarrier compensation
- Arent Fox LLP
- Ross A. Buntrock , Jonathan E. Canis , Alan G. Fishel , Michael B. Hazzard , Stephanie A. Joyce and Jeffrey E. Rummel
- June 28 2010
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