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Rhode Island 2004
Report and Order
2003
Report and Order
Order
2002
Settlement Agreement
Report and Order
Report and Order
Report and Order
Order
2001
Report and Order
Report and Order
Report and Order
Report and Order
2000
Report and Order
Report and Order
Report and Order
Report and Order
Report and Order Approving Price Regulation Plan
1999
Order
Order
On March 20, 1998, CTC Communications Corporation ("CTC") filed with the Rhode Island Public Utilities Commission ("Commission") a Complaint and Request for Emergency Relief against New England Telegraph and Telephone Company d/b/a Bell Atlantic-Rhode Island ("Bell Atlantic"). The Complaint alleged a breach of the resale agreement between the parties, violation of the federal Telecommunications Act of 1996 ("the Act"), and violation of Rhode Island state law. Having considered the testimony, exhibits, and arguments in this docket, as well as correspondence received from Bell Atlantic customers, the Commission finds the arguments advanced by CTC and the Division to be persuasive.
ORDERED: 1. Bell Atlantic shall resume its relationship with CTC and any affected end-users, as that relationship existed prior to January 21, 1998 under the Resale Service Agreement. This includes, without limitation, waiver and repayment of termination fees on end-user contracts assumed by CTC, allowing the wholesale discount on non-contract usage, processing CTC orders through wholesale channels, no imposition of carrier-to-carrier termination fees, and no requirement that CTC execute assignment of service agreement forms. Anti-assignment clauses in existing or newly executed Bell Atlantic contracts are declared void ab initio, pending the outcome of this Commission's Notice of Inquiry in Docket No. 2676 regarding this specific matter. 3. Bell Atlantic shall act in accordance with all other findings and instructions contained within this Report and Order.
Order
NEVD requested the Commission to construe the terms of its ICA (as well as the underlying Brooks Agreement on which it was based) and the FCC's ITO, and rule that the parties intended Internet traffic to be treated as local traffic, subject to reciprocal compensation. In the alternative, NEVD urged the Commission to declare, pursuant to the ITO, ¶ 25, that Internet traffic be treated as local traffic even if the parties did not specifically agree to treat it as local under the terms of the ICA. As a third alternative, NEVD requests the Commission to declare that Internet traffic be treated as local under the authority granted to it under R.I. Gen. Laws § 39-1-1(b) to provide for the "fair regulation of public utilities" and to ensure against "undue preferences" and "unfair or destructive trade practices." The Commission finds that it has the requisite authority to construe the FCC's Internet Traffic Order and NEVD's ICA and rule that under the ITO and the ICA, the parties agreed to treat Internet traffic as local and subject to reciprocal compensation. The Commission finds that the Brooks Agreement opted into by NEVD unambiguously reflects the parties' agreement that Internet traffic should be treated as local traffic, subject to reciprocal compensation.
Accordingly, it is ORDERED: 1. Under the contractual terms of the Brooks and NEVD Interconnection Agreements, as well as under ¶ 24 of the Internet Traffic Order, Bell Atlantic-Rhode Island and NEVD intended that Internet traffic be treated as local traffic, subject to reciprocal compensation. 2. BA-RI's Motion to Dismiss NEVD's Petition for Declaratory Judgment is denied. 3. AT&T's Motion to Intervene in this docket is denied.
Order
Report and Order
1998
Memorandum Opinion and Order
1997
Report and Order
Report and Order
Energy Orders
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