Level 3 Pushes FCC To Intervene in IntraMTA Fight, Enhance Broadband Disclosure
Level 3 pressed the FCC to resolve an intercarrier compensation fight between LECs and interexchange carriers (IXCs) over intraMTA (major trading area) wireline-wireless traffic, an issue that's sparking continued litigation. Some LECs, "encouraged by a recent district court decision that…
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has created yet more confusion and disagreement in the industry," filed suit against Level 3, the company said in a filing posted Friday in docket 14-228 summarizing a meeting with FCC officials. While Level 3 is confident of its legal position, "there is no reason" that it and others "should be forced to litigate this matter," the company said. A federal judge last fall granted a LEC motion to dismiss Sprint and Verizon federal claims and concluded LECs can charge IXCs access fees under their federal tariffs (see 1511200070). Level 3 and other IXCs believe intraMTA traffic should be subject to lower reciprocal compensation fees under FCC precedent, but they want the commission to clarify its position (see 1512110055). Noting it also operates as a local carrier, Level 3 said it could be forced to file suit as a LEC unless its interpretation prevails. Separately, Level 3 urged the FCC to adopt the company's proposals to enhance disclosure by broadband Internet access service providers. First, ISPs capable of measuring performance across their interconnections to other networks should calculate "average performance for each destination network" and disclose their performance "with the best, median, and slowest" averages, the company said in a filing posted Friday in docket 14-28 about a meeting at the FCC. "That will help ensure consumers are not misled by reported 'average' performance figures that mask significant variations in actual performance to different parts of the Internet," Level 3 said. "In addition, ISPs should disclose a Connectivity Rating that would help consumers understand whether there is a significant likelihood that performance to some parts of the Internet could become degraded during peak hours because of a lack of adequate interconnection capacity." NCTA has opposed the requests (see 1512220033).