At its Public Meeting yesterday, the PUC voted 3-2 in support of a Motion by Chairman Gladys Brown in a matter involving a complaint filed by Core Communications against XO Communications about compensation due for dial-up internet traffic and intrastate calls in which a Carrier Identification Code (CIC) is present but a calling party number isn’t.

–           “For these reasons, we conclude that an effective approach consistent with the record is Core’s interstate access rate in those situations when CPN or other necessary billing information is absent. This was Core’s prior practice for managing such traffic and is consistent with precedent. This intrastate access rate is higher than the reciprocal compensation rate for local calls, higher than the interstate access rate, and certainly higher than the $.0007 rate cap for local dial-up traffic where the billing information is provided. This residual interstate rate, moreover, is a carrier practice that also encourages carriers with traffic lacking the billing information to take action to prevent the loss of critical traffic billing information from occurring in the future.” – Chairman Brown

 –           “So, in conclusion, the telephone industry should be aware that the Commission has now changed the compensation rules retroactively without any record or full consideration. You are now subject to potential refund claims based upon something that is an industry problem, not one of your own making.”  Commissioner Powelson