Pennsylvania PUC Seeking Declaratory Ruling on ISP-Bound Traffic

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The FCC’s Wireline Competition Bureau (Bureau) is seeking comment on a “petition for declaratory order” filed by the Pennsylvania Public Utility Commission (PA PUC) which seeks clarification on a number of issues related to dial-up ISP-bound traffic.  Specifically, the PA PUC’s petition seeks clarification on whether the PA PUC may adjudicate intercarrier compensation disputes when they arise between competitive local exchange carriers (CLECs) outside of Sections 251 and 252 of the Communications Act when they involve the exchange of local dial-up Internet traffic, and when the PA PUC decision properly enforces the FCC’s ISP Remand Order and is consistent with the FCC’s rules.  The PA PUC states that its petition is necessary because of a recent decision and Memorandum of Law of the U.S. District Court for the Eastern District of Pennsylvania which overturned a PA PUC ruling on an intercarrier compensation dispute and calls into question the traditional practice of the FCC and state commissions addressing intercarrier compensation disputes between CLECs that involve the exchange of dial-up ISP-bound traffic.  Comments on the PA PUC’s petition are due on or before June 30, 2014.  Reply Comments are due July 30, 2014.

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