To: MangoBoy who wrote (1240 ) 5/13/1998 7:05:00 PM From: MangoBoy Read Replies (1) | Respond to of 6846
[AT&T, MCI, 4 Others Sue U S West for Violating Portions of the Telecom Act] Alliance With Qwest Violates Both Long Distance Restriction and Prohibition Against Favoring One Long Distance Carrier Over Another WASHINGTON, May 13 /PRNewswire/ -- AT&T, MCI and four other parties filed suit today in federal district court in Seattle to stop U S West's marketing alliance with Qwest, charging that it violates the Telecom Act's restriction against a local telephone company providing long distance service while its monopoly remains intact. The suit says U S West's so-called "Buyer's Advantage" program also violates federal regulation prohibiting a Bell company from discriminating in favor of one long distance carrier over another. Joining AT&T and MCI are the Association for Local Telecommunications Services, McLeodUSA Telecommunications, ICG Communications and GST Telecom . Last week, U S West announced it will market Qwest's long distance service to U S West's monopoly local phone customers as part of a package with local phone service. In return, Qwest will make an undisclosed payment to U S West for each customer it signs up for the package of local and long distance service. If the U S West-Qwest alliance is permitted to proceed, it will cause "substantial and irreparable harm to long distance carriers (like AT&T and MCI), other carriers seeking to enter the local market (like ICG, GST and McLeod), and to the public interest as defined in the 1996 Act," the suit says. "There isn't any question this type of marketing arrangement was prohibited by the divestiture decree, and Congress wrote the same prohibition into the Telecom Act," said Mark Rosenblum, AT&T vice president - law and public policy. "U S West is just engaging in more legal sleight-of-hand to end run the prohibition against Bell companies providing long distance before they open their local markets to competition." "U S West and Qwest are attempting to make a mockery out of the Telecom Act," said Jonathan Sallet, MCI chief policy counsel. "Section 271 of the Act is very clear; no RBOC may 'provide' in-region long distance service until it has complied with all requirements of Section 271, including the 'Competitive Checklist,' and that consumers can really exercise choice." Qwest has projected it could obtain up to $200 million in annual revenue in the first year of this arrangement and that up to 35 percent of customers in U S West's region will likely purchase this package. This will result "not from any innovative new service, technological breakthrough, or superior efficiency on Qwest's part, but merely from the local monopolist's endorsement of its long distance services and its preferential access to the distribution channels and services of the local monopoly in that region," the suit says. U S West has defended its alliance, the suit says, by essentially arguing it is not really "providing" long distance service because it's not operating the facilities but is merely marketing another's service -- an argument that's been rejected in previous court rulings, the suit says. U S West also defends itself against the notion that it is illegally favoring Qwest by saying its arrangement is open to other long distance carriers, an argument the suit calls "a transparent sham." U S West "cannot recommend to its customers multiple participating carriers simultaneously." "All long distance carriers remain captives of the Bell companies, paying exorbitant access fees to originate and terminate calls," said Rosenblum. "Deals like this make it impossible to assure that all long distance carriers and their customers are being treated fairly by these monopolies."