Requests of Terminating Carriers for Originating Tandem Carriers to Block Traffic of Originating Carriers and/or Traffic Aggregators

PURPOSE: This rule establishes parameters and procedures for terminating carriers to request that originating tandem carriers block traffic of originating carriers and/or traffic aggregators who fail to comply with rules pertaining to traffic traversing the LECto-LEC network. (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 with terminating carriers for transiting traffic, direct interconnection with terminating carriers, or contracting with interexchange carriers for traffic delivery. (2) A terminating carrier may request the originating tandem carrier to block, and upon such request the originating tandem carrier shall block, the originating carrier’s Local Exchange Carrier-to-Local Exchange (LEC-to-LEC) traffic, if the originating carrier has failed to fully compensate the terminating carrier for terminating compensable traffic, or if the originating carrier has failed to deliver originating caller identification to the transiting and/or terminating carriers. (3) If the traffic aggregator has failed to deliver originating caller identification to the transiting and/or terminating carrier, a terminating carrier may request the originating tandem carrier to block, and upon request the originating tandem carrier shall block, the traffic aggregator’s LEC-to-LEC traffic. (4) The terminating carrier shall provide all affected carriers, including but not limited to, the originating carrier and/or traffic aggregator, the transiting carrier, and the manager of the telecommunications department of the commission, written notice by certified mail at least thirty (30) days prior to the date the terminating carrier requests blocking to occur. Such notification shall clearly indicate the reason(s) for certain traffic to be blocked, the date the traffic is requested to be blocked, 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 Missouri Public Service Commission (MoPSC). The terminating carrier shall compensate the originating tandem carrier for any blocking preparation and/or implementation work performed to implement blocking, even if blocking is ultimately not implemented. (5) Following notification pursuant to section (4) above, and upon written request by a terminating carrier, the originating tandem carrier will be required to block LEC-to-LEC traffic of an originating carrier and/or traffic aggregator to the terminating carrier. Such requests shall be based on the terminating carrier’s representation that the originating carrier and/or traffic aggregator has failed to fully compensate the terminating carrier for terminating compensable traffic, or that the originating carrier and/or traffic aggregator has failed to deliver originating caller identification to the transiting and/or terminating carriers. The originating tandem carrier shall not be liable for any blocking work performed at the request of the terminating carrier. (6) If the terminating carrier requests the originating tandem carrier to block LEC-to-LEC traffic of an originating carrier and/ or traffic aggregator, the date and time whereby traffic will be blocked shall be mutually agreed upon by the terminating carrier and the originating tandem carrier. Such blocks will not be initiated on weekends or holidays, or on a day immediately preceding a weekend or holiday. Unless otherwise agreed to by both the terminating carrier and originating tandem carrier, the originating tandem carrier shall implement the block within forty-five (45) days after receipt of the request to block. (7) In supplement or as an alternative to blocking, a terminating carrier may require the originating carrier, as a condition of continued service, to place into escrow sufficient monies to recover any disputed or unpaid amounts. (8) Upon receipt of notice that its traffic is subject to blocking, AND INSURANCE wireline carriers shall determine whether to use alternate means of delivering the traffic that is subject to blocking. If the wireline carrier elects not to use alternate means of delivering the traffic, the wireline carrier shall, within fifteen (15) days after receipt of notice, notify its potentially affected end users in writing that calls to affected NPA-NXXs may be subject to blocking. 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 (9) and (10) following. (9) If an originating carrier and/or traffic aggregator wishes to dispute a proposal whereby some or all of its LEC-to-LEC traffic would be blocked by an originating tandem carrier or where the terminating carrier has required that disputed or unpaid amounts be placed into escrow, the originating carrier and/ or traffic aggregator should immediately seek 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 or placing disputed charges into escrow. Such complaint shall include a request for expedited resolution. (10) If an originating carrier and/or traffic aggregator file(s) a formal complaint, the terminating carrier and originating tandem carrier shall cease blocking preparations, pending the commission’s decision. In all instances of blocking requests by a terminating carrier, the costs associated with blocking shall be borne by the terminating carrier, even if blocking is ultimately not implemented. The obligation to establish an escrow account will also cease, pending further direction from the commission. (11) Nothing in sections (1) through (10) above shall require transiting carriers to block traffic of originating carriers using switching services provided by an incumbent local exchange carrier or other entity. 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. Terminating carriers who desire to block the 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 240-29.130. Original rule filed Nov. 30, 2004, effective July 30, 2005. Moved to 20 CSR 4240-29.130, 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.