T-Mobile (new name for VoiceStream), Western Wireless and Nextel ...

responding to moves by some small LECs to seek reciprocal compensation when they terminated mobile-to- landline traffic. Wireless operators told FCC in Sept. 6 petition for declaratory ruling that instead of pursuing interconnection negotiations, those ILECs had filed wireless termination tariffs. T-Mobile, Western Wireless and Nextel said those tariffs were “entirely one-sided” because they demanded that commercial mobile radio service (CMRS) operators pay reciprocal compensation but didn’t commit ILECs to pay such compensation to CMRS carriers. Tariffs “contain unlawful prices, terms and conditions,” carriers said, and ILEC with “lucrative” wireless termination tariff doesn’t have incentive to negotiate “reasonable” interconnection agreement with CMRS carrier. Wireless carriers said FCC had ruled in past that tariff process wasn’t compatible with interconnection negotiation process covered by Communications Act. As result, wireless carriers said they wanted Commission to direct ILECs to withdraw any wireless termination tariffs now in place or to declare them unlawful and void. T-Mobile and other petitioners said most carriers didn’t have traffic in sufficient volumes with most other carriers to justify use of direct, dedicated interconnection facility between 2 networks, so they interconnected with each other indirectly through LATA tandem switch. When carriers interconnect with one another indirectly in such cases, they typically don’t have interconnection contract but use bill- and-keep system, “at least for mobile-to-land traffic,” petition said. Petitioners said even though volume of traffic at stake with some small ILECs is small, they were willing to negotiate reciprocal compensation arrangements, as long it wasn’t one-way contract in which LECs would receive terminating compensation from CMRS carriers but not pay wireless carriers terminating compensation for land-to-mobile calls. Efforts by some small ILECs to file wireless termination tariffs would bypass that negotiation process, petition said. Wireless carriers said that has happened in Mo., where small ILECs filed complaints against CMRS providers for not complying with terms in tariffs, and in Neb., where PSC had suspended tariffs filed by small ILECs but opened proceeding on whether wireless termination tariffs were lawful. “The fundamental problem with these wireless termination tariffs is that the small ILECs unilaterally set unfair and unlawful terms and conditions for interconnection and employ non-TELRIC prices,” petition said.