Today, the FCC issued a Public Notice seeking comments on Sprint’s Petition for Declaratory Ruling concerning the applicability of CenturyLink’s tariffed access rates for VoIP-originated traffic.  While Sprint filed the petition in response to a referral from the US District Court considering a dispute between Sprint and CenturyLink, the FCC’s decision could  affect the treatment of all VoIP-originated traffic prior to December 29, 2011.   Specifically, Sprint asks the FCC to determine that: (1) for period prior to  December 29, 2011, the effective date of the FCC’s InterCarrier Compensation Reform Order, filed interstate access tariffs did not impose originating access charges on VoIP-originated calls delivered to the PSTN; (2) intrastate access tariffs do not apply to VoIP-originated traffic because such traffic is jurisdictionally interstate; and (3) Sprint did not violate the Communications Act when it paid CenturyLink $0.0007 per minute for VoIP-originated calls, rather than CenturyLink’s tariffed switched access rates.  A separate decision by the FCC late last week to allow local exchange carriers to charge intrastate access rates for intrastate VoIP-originated traffic after December 29, 2011 increases the importance of this proceeding for companies that have historically generated VoIP-originated calls.  Therefore, CLECs, prepaid calling card providers, VoIP service providers, and other entities who business includes a substantial amount of VoIP-originated traffic should participate in or monitor this proceeding.

Comments and reply comments are due June 14^th and July 16^th, respectively.  Clients that are interested in filing comments on the petition should contact Michael Donahue at mpd@commlawgroup.com or their assigned attorney.