FCC Rules Dial-Up Calls to Net Should Count as Interstate Calls
Dow Jones Newswires
WASHINGTON -- A dial-up call to the Internet is interstate in nature, the Federal Communications Commission ruled Thursday in a long-awaited vote.
The decision could spell the eventual end to lucrative deals enjoyed by competitive local exchange carriers such as ICG Communications Inc., e.spire Communications Inc., MCI WorldCom Inc. and AT&T Corp.'s Teleport unit. These companies have earned millions as middlemen between dominant carriers and Internet-service providers, or ISPs, by treating calls to ISPs as local calls.
But the definition doesn't mean that calls to an ISP would be billed as long-distance, the commission said. Nor would it overturn existing contracts for compensation between competitive carriers and the incumbents.
Indeed, exactly how future rates would be set will be the subject of another proceeding altogether.
The FCC began contemplating the issue in October, when it ruled that high-speed Internet access being provided by GTE Corp. was interstate in nature. Given the nature of the Web, more than 10% of the traffic would likely begin in one state and wind up in another, enough to classify the service as interstate, the FCC reasoned.
Decision Opened Door
But that decision opened the door for the FCC to address the problem of "reciprocal compensation" between the competitive carriers and the incumbents. Under reciprocal compensation, local-phone companies and their new rivals must pay one another for local calls completed on one another's networks. The agreements, resulting in hundreds of millions of dollars in payments, apply only to local calls. Many of the new companies have teamed with Internet-service providers that receive high volumes of one-way calls. That creates an imbalance in the reciprocal system, giving the new local carriers a larger portion of reciprocal-compensation payments from GTE and the Baby Bells.
The Bells estimate these payments could mount to the billions. The FCC's new policy will end that windfall for the competitive companies.
While competitive carriers will lose a substantial source of revenue, analysts say most are prepared for the loss. But Commissioner Harold Furchtgott-Roth, who abstained from voting on procedural grounds, has echoed the fears of those who feel the new policy will mean that calls to the Internet will be billed like long-distance calls.
Mixed Opinions
In a statement, MCI Worldcom Inc. chief policy council Jonathan Sallet praised the decision for requiring that the Bells honor current agreements with competitive local carriers. But the company said the Bells should abandon efforts to get out of those contracts and warned that the impact of the new FCC policy on future contracts remains to be seen.
But Cronan O'Connell, vice president of the Association for Local Telecommunications Services, which represents competitive telephone companies, said she believes the FCC's decision will strengthen the hand of her members when they negotiate with the Bells. Essentially, the FCC said that new agreements should be negotiated in the context of existing ones, Ms. O'Connell said.
Bell Atlantic Corp. had a far different view. A company statement said Bell Atlantic will ask states to reconsider current agreements on reciprocal compensation. The FCC's action made it clear, the company said, that such agreements pertain only to local calls.
The agreements have allowed hundreds of millions of dollars to be "doled out" to a few carriers, Bell Atlantic said. |