Chairman Wheeler's Response to Senators Markey, Warren, Blumenthal and Reps. Eshoo and Doyle Regarding Business Data Services

On July 20, Sens Ed Markey (D-MA), Elizabeth Warren (D-MA), and Richard Blumenthal (D-CT), and Reps Anna Eshoo (D-CA) and Michael Doyle (D-PA), wrote to federal Communications Commission Chairman Tom Wheeler to request that as the FCC completes its work on business data services reform that it also keeps in place an interim condition ensuring continued access to wholesale voice service.

On Sept 7, Chairman Wheeler responded by writing, "To provide greater certainty and clarity with respect to enterprise voice service, in August 2015 the Commission adopted the interim requirement that incumbent carriers seeking to discontinue legacy [time-division management] services and transition to an all-Internet Protocol environment must continue to provide commercial wholesale platform services at reasonably comparable rates, terms, and conditions. The Commission provided that this interim requirement will sunset when new business data services (BDS) rules and/or policies are effective. As you state and as the Commission recognized, BDS and wholesale voice are distinct services, but the Commission adopted this time limitation to provide a definitive point in the future at which it could reassess the efficacy and necessity of this interim requirement. The United States Telecom Association has challenged this interim requirement in court, and my staff is defending it vigorously. The Commission has an open rulemaking asking how we can best facilitate the continuation of commercial wholesale platform services used by competitive carriers for multilocation voice services. Staff is actively meeting with interested parties and reviewing submissions on this important issue."