Blocking Traffic of Transiting Carriers by Terminating Carriers

PURPOSE: This rule establishes parameters and procedures for blocking traffic by terminating carriers if transiting carriers fail to comply with rules pertaining to traffic traversing the LEC-to-LEC network. (1) In all instances of traffic blocking, transiting carriers may utilize alternative methods of delivering the blocked traffic to terminating carriers. Such methods may include interconnection agreement negotiations for transiting traffic, direct interconnection by originating carriers and/or traffic aggregators with terminating carriers, or contracting with interexchange carriers for traffic delivery. (2) Pursuant to section (3) below, the terminating carrier may block Local Exchange Carrier-to-Local Exchange Carrier (LECto-LEC) traffic from a transiting carrier if the transiting carrier has failed to comply with rules pertaining to traffic traversing the LEC-to-LEC network including, but not limited to, ensuring that originating caller identification is being delivered to the terminating carrier. (3) If the terminating carrier is unable to agree with the transiting carrier on blocking or other resolution of the issue, the terminating carrier will formally notify, via certified mail, the transiting carrier and the manager of the telecommunications department of the commission of the terminating carrier’s intent to block traffic delivered by the transiting carrier. Such notice shall clearly indicate that the blocking will be done pursuant to the rules of the Missouri Public Service Commission and 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 transiting carrier 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 blocks shall not be instituted on weekends or holidays, or on a day immediately preceding a weekend or holiday. Such blocks will not be implemented before forty-five (45) days after receipt of written notice. (4) Upon receipt of notice that its transiting traffic is subject to blocking by terminating carriers, transiting carriers shall notify all telecommunications companies for whom the transiting carrier is contractually obligated to transit traffic. Such notices shall include, but shall not be limited to, resellers of local exchange service and providers of shared switching platforms. Such notices shall also include, but shall not be limited to, all originating carriers, traffic aggregators, and other transiting carriers with whom the transiting carrier has established direct interconnection facilities. Such notices shall be sent via certified mail within seven (7) days from the receipt of notice from the terminating carrier. (5) Upon receipt of notice that its traffic is subject to blocking, wireline carriers shall determine whether to use alternative 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, 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 Missouri Public Service Commission (MoPSC). In lieu of such customer notification, the originating carrier and/or traffic aggregator may proceed according to sections (6) and (7) following. (6) If a transiting carrier wishes to dispute a proposal whereby some or all of its LEC-to-LEC traffic would be blocked by a terminating carrier, the transiting carrier should immediately seek action by the commission through the filing of a formal complaint. Such a complaint shall provide all relevant evidence refuting any reasons for blocking such traffic. Such complaint shall include a request for expedited resolution. (7) If the transiting carrier files a formal complaint, the terminating carrier will cease blocking, pending the commission’s decision. In all instances of blocking by a terminating carrier, the costs associated with blocking shall be borne by the terminating carrier, even if blocking is ultimately not implemented. AUTHORITY: sections 386.040 and 386.250, RSMo 2000.* This rule originally filed as 4 CSR 240-29.140. Original rule filed Nov. 30, 2004, effective July 30, 2005. Moved to 20 CSR 4240-29.140, 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.