Objections to Payment Invoices

PURPOSE: This rule establishes a procedure for objecting to payment of invoices received for terminating LEC-to-LEC network telecommunications traffic. (1) Objections to invoices received for terminating Local Exchange Carrier-to-Local Exchange Carrier (LEC-to-LEC) traffic shall be made in writing or e-mail to the terminating carrier. Questions pertaining to such invoices may be submitted by telephone. (2) All objections under this rule shall be promptly investigated by the terminating carrier responsible for sending payment invoices. The results of all such investigations shall be reported back to the objecting party in writing or by e-mail no later than thirty (30) days after receipt of the objection. A written or e-mail correspondence showing a summary or results of all such investigations must be provided by the terminating company to the manager of telecommunications, Missouri Public Service Commission. (3) In the event any terminating local exchange carrier in any billing period or periods receives billing records for compensable traffic that are less than the total terminating compensable traffic received and recorded by the terminating local exchange carrier for that period or periods (“unidentified traffic”), the terminating local exchange carrier may render a written or e-mail objection to the receipt of the unidentified traffic to the terminating tandem carrier across whose facilities the terminating local exchange carrier believes such unidentified traffic was transited. Such objection need not be in the form of an invoice. Within twenty (20) days after receipt of such objection, the terminating tandem carrier shall in turn notify all carriers it believes may have placed or transited the unidentified traffic on the LEC-to-LEC network. Objections and notifications informing carriers of unidentified terminating traffic shall be promptly investigated by all carriers that receive AND INSURANCE them. The objecting carrier, tandem carriers, and originating carriers shall work cooperatively and in good faith and shall provide complete and accurate billing records to the objecting terminating local exchange carrier. The terminating local exchange carrier shall make available the automatic number identification (ANI) and such other information relating to such unidentified traffic as is in its possession. All carriers shall make full disclosure of their positions, and evidence in support thereof, to all other carriers participating in the investigation, and to the manager of telecommunications, Missouri Public Service Commission, and shall make duplicates of such evidence and information available to all participants. Within sixty (60) days after the objection is made, the results of such investigation shall be reported back to all carriers concerned, and written or e-mail correspondence showing a summary of results of the investigations shall be provided by all involved carriers to the manager of telecommunications, Missouri Public Service Commission. In the event the carriers cannot agree on a common report, each carrier may submit its own report. (4) In the event any objection to invoice, or any objection to the receipt of unidentified traffic, remains unresolved or uncompensated for more than thirty (30) days following provision of investigation reports to the manager of telecommunications, Missouri Public Service Commission, the carrier rendering the invoice, or the carrier objecting to the receipt of unidentified traffic, may initiate the following intercarrier compensation complaint process applicable to traffic placed on the LEC-toLEC network: (A) After having complied with sections (3) and (4) above, the objecting carrier may file a formal complaint in accordance with 4 CSR 240-2.070. Said complaint may name as respondents any or all carriers participating in the investigation process, and any carriers notified of the investigation process but not participating in it. Tandem carriers named as parties in such complaint shall have thirty (30) days from being served to identify and name as additional parties respondent any other carriers that may have originated or transited such unidentified traffic. Such carriers shall be served with the complaint and pleading naming them as additional parties in the same manner as is described in 4 CSR 240-2.070(7), and shall answer within thirty (30) days of the date of notice as provided therein. (B) Within thirty (30) days after all answers are filed, or within thirty (30) days of the last date for timely answer, the commission will set the matter for evidentiary hearing without the need for prefiled testimony. (C) Within twenty (20) days after the conclusion of said hearing the regulatory law judge assigned shall file a recommended decision to the commission, and serve copies thereof on each party. Said recommended decision shall address and resolve objections to invoices, and shall address and resolve objections to the receipt of unidentified traffic, and may find originating carriers or originating tandem carriers liable to the terminating LEC for unidentified traffic. (D) Each party shall have twenty (20) days from the filing of the recommended decision in which to file a response to the recommended decision. In the event no party responds, the recommended decision shall be the decision of the commission. In the event any party does respond, the commission shall thereafter consider the recommended decision and the responses thereto, and enter its decision within thirty (30) days of the filing of responses to the recommended decision. AUTHORITY: sections 386.040 and 386.250, RSMo 2000.* This rule originally filed as 4 CSR 240-29.100. Original rule filed Nov. 30, 2004, effective July 30, 2005. Moved to 20 CSR 4240-29.100, effective Aug. 28, 2019. *Original authority: 386.040, RSMo 1939 and 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996.