Blocking Traffic of Originating Carriers and/or Traffic Aggregators by Transiting Carriers

PURPOSE: This rule establishes parameters and procedures enabling transiting carriers to block traffic of originating carriers and/or traffic aggregators who fail to comply with rules pertaining to LEC-to-LEC traffic. (1) In all instances of traffic blocking, originating carriers and traffic aggregators may utilize alternative methods of delivering the blocked traffic to terminating carriers. Such methods may include interconnection agreement negotiations for transiting traffic, direct interconnection with terminating carriers, or contracting with interexchange carriers for traffic delivery. (2) A transiting carrier may block any or all Local Exchange Carrier-to-Local Exchange Carrier (LEC-to-LEC) traffic it receives from an originating carrier and/or traffic aggregator who fails to fully compensate the transiting carrier or who fails to deliver originating caller identification to the transiting carrier. Additionally, the transiting carrier may block any or all additional LEC-to-LEC traffic it receives from an originating carrier and/or traffic aggregator who fails to compensate the transiting carrier for the costs associated with establishing blocking arrangements made pursuant to this rule, whether or not such blocking actually occurred. (3) The transiting carrier shall provide all affected carriers, including, but not limited to, the originating carrier and/or traffic aggregator, and the manager of the telecommunications department of the Missouri Public Service Commission (MoPSC), written notice by certified mail at least thirty (30) days prior to implementing blocking. Such notification shall clearly indicate the reason(s) for certain traffic to be blocked, the date the traffic block will begin, an explanation of what action the originating carrier and/or traffic aggregator should take to prevent any traffic from being blocked, when this corrective action must be completed, and the person to contact to obtain further information. Such notice shall also clearly indicate that the blocking will be done pursuant to rules of the MoPSC. The originating carrier and/or traffic aggregator shall compensate the transiting carrier for any blocking preparation and/or implementation work performed to implement blocking, even if blocking is ultimately not implemented. Such blocks will not be instituted on weekends or holidays, or on a day immediately preceding a weekend or holiday. (4) Upon receipt of notice that its traffic is subject to blocking, a wireline carrier shall determine whether to use alternate means of delivering the traffic that is subject to blocking. If the wireline carrier elects not to use an alternate means of delivering the traffic, the wireline carrier shall, within fifteen (15) days after receipt of notice, notify all potentially affected end users in writing that calls to affected NPA-NXXs may be blocked. A copy of such written notification shall be provided to the manager of the telecommunications department of the MoPSC. In lieu of such customer notification, the originating carrier and/ or traffic aggregator may proceed according to sections (5) and (6) following. (5) If an originating carrier and/or traffic aggregator disputes a proposal where some or all of its LEC-to-LEC traffic would be blocked by a transiting carrier, the originating carrier and/or traffic aggregator should immediately seek formal action by the commission through the filing of a formal complaint. Such a complaint shall provide all relevant evidence refuting any stated reasons for blocking such traffic. Such complaint shall include a request for expedited resolution. (6) If an originating carrier and/or traffic aggregator files a formal complaint, the transiting carrier will cease blocking, pending the commission’s decision. In all instances of blocking by a transiting carrier, the costs associated with blocking shall be borne by the originating carrier and/or traffic aggregator. (7) It is recognized that at the time of call placement, transiting carriers cannot identify the traffic originated by a particular originating carrier, where that particular originating carrier and one (1) or more other originating carriers are using the same switch to originate traffic. Transiting carriers who desire to block traffic of a particular originating carrier of such a “shared” switch platform shall file a formal complaint with the commission seeking such blockage. All such formal complaints shall name the originating carrier whose traffic is sought to be blocked as well as the carrier or other entity whose switch is being used to originate the traffic. All such formal complaints shall be filed pursuant to the commission’s procedures for filing formal complaints, and shall set forth complete details including, but not limited to, any violation of commission rules or Missouri statutes alleged to have occurred. Such formal complaint shall also state what action and relief the complainant seeks from the commission. Such requested relief may include complete blockage of the originating carrier using switching services provided by the incumbent local exchange carrier or other entity whose switch is being used. All such formal complaints shall request expedited consideration. AUTHORITY: sections 386.040 and 386.250, RSMo 2000.* This rule originally filed as 4 CSR 240-29.120. Original rule filed Nov. 30, 2004, effective July 30, 2005. Moved to 20 CSR 4240-29.120, 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.