Finally, a “Clear Policy Statement” on Rural Call Termination Problems

In a move that will likely be applauded by rural local exchange carriers (RLECs) and rural residents and business owners nationwide, the Federal Communications Commission has released a Declaratory Ruling on February 6, 2012 addressing the much-maligned, pervasive and highly damaging rural call termination problems.

The Declaratory Ruling builds on pervious FCC actions that prohibit call blocking, chocking, restriction and degradation by clarifying that carriers who fail to ensure delivery of calls to high-cost rural areas, or fail to ensure that intermediate least-cost routers deliver calls, could be in violation of Sections 201, 202 or 217 of the Communications Act. Such actions constitute “unjust and unreasonable discrimination in practices, facilities or services.” The FCC adds, “This is particularly the case when the problems are brought to the carrier’s attention by customers, rate-of-return carriers serving rural areas, or others, and the carrier nevertheless fails to take corrective action that is within its power.”