A Washington attorney accused USTelecom of violating the FCC’s ex...
A Washington attorney accused USTelecom of violating the FCC’s ex parte rules by filing a letter in a proceeding that had been categorized as “restricted.” Attorney Mark O'Connor told the FCC that a June 6 ex parte letter from…
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USTelecom dealing with “traffic pumping” was sent after a formal complaint was filed by Qwest on the same issue, an action that categorizes the proceeding as restricted and bars filings. Qwest’s complaint against Farmers & Merchants Telephone was filed May 2. O'Connor said it was particularly egregious that the USTelecom letter went to the FCC Enforcement Bureau, which is considering Qwest’s formal complaint. O'Connor represents one of the parties in the dispute about Ia. phone companies routing traffic to free- calling companies to “pump” up long distance traffic and, thus, access charges. His letter was sent June 15. USTelecom Vp-Policy Glenn Reynolds said O'Connor’s letter misstates the rules. Reynolds -- who once was the FCC Enforcement Bureau official who handled formal complaints -- said the rule is that no party engaged in the formal complaint can file ex partes or have “substantive communications with staff without advanced notice of all other parties.” Neither USTelecom nor any members are parties to the proceeding, so the restriction doesn’t apply to it, he said.