FCC clarifies interconnection obligations of rural carriers and role of state commissions

Telecommunications carriers are required to interconnect, directly or indirectly, with the facilities and equipment of other telecommunications carriers. Congress said so, in Section 251(a) of the Communications Act. In addition to fostering competition as much as possible, the goal is to assure that our telephone calls are all completed no matter which carrier we use to make the call or which carrier serves the destination number. A couple of subsections later, though, in Section 251(f)(1) Congress created a limited exemption from some, but not all, interconnection-related obligations. The so-called “rural exemption” is available to rural local exchange carriers (LECs) under certain circumstances. It exempts eligible LECs from, among other things, the obligation (contained in Section 251(c)) for incumbent LECs to negotiate in good faith the terms of interconnection agreements.

But if you aren't required to negotiate, how can you be expected to reach agreement on interconnection arrangements? If exempt rural LECs don't have to negotiate interconnection agreements, does that relieve them of the obligation to interconnect at all? The Commission has recently answered that question in a Declaratory Ruling, and the answer is: No way.