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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of AT&T CORP., AT&T SERVICES, INC., AND MCI COMMUNICATIONS SERVICES LLC, Proceeding Number 20-362 Complainants, Bureau ID Number EB-20-MD-005 v. WIDE VOICE, LLC, Defendant. COMPLAINANTS’ SUPPLEMENTAL STATEMENT OF FACTS PURSUANT TO 47 C.F.R. § 1.733(b)(1)(v) Pursuant to 47 C.F.R. § 1.733(b), Complainants AT&T Corp., AT&T Services, Inc. (collectively, “AT&T”) and MCI Communications Services LLC (“Verizon”) hereby provide the following Supplemental Statement of Facts. These are factual stipulations that AT&T and Verizon proposed to Wide Voice. AT&T and Verizon contend that each fact listed below is accurate and not disputed, as reflected in the citations supporting each proposed fact stipulation. Wide Voice refused to agree to stipulate to these facts, but also did not identify any errors in the factual statements. The stipulations below follow the organization and headings used in the joint stipulations. A. Parties 1. For purposes of this proceeding, Wide Voice offers telecommunications services subject to Section 208 of the Act. See Complaint ¶ 21; Answer ¶ 21; 47 U.S.C. § 208 (applying to “common carrier[s] subject to this chapter”). 2. This Complaint relates to AT&T’s and Verizon’s role as customers and purchasers of switched access services from Wide Voice, not as common carriers. In purchasing switched access services from Wide Voice to complete certain calls for their customers, Verizon and AT&T are not engaged in providing telecommunications services. See Complaint ¶ 22; 47 U.S.C. § 153(51) (“A telecommunications carrier shall be treated as a common carrier under this chapter only to the extent that it is engaged in providing telecommunications services.”). B. Wide Voice’s Billing 3. Wide Voice’s bills to AT&T and Verizon include charges listed under the headings of various Common Language Location Identifier (“CLLI”) Codes. Complaint ¶ 102; Answer ¶ 102. Each of these CLLI Codes can be found in the Local Exchange Routing Guide (“LERG”). Complaint ¶ 101; Answer ¶ 101. The LERG entry for each CLLI Code contains fields for “equipment type” and “owned by.” Declaration of Traci Morgan ¶ 35 (“Morgan Decl.”). In the “owned by” field, the LERG contains an operating company number (“OCN”), a unique combination of numbers and letters that is assigned to a particular company. See id.; Complaint ¶ 103; Answer ¶ 103. 4. According to the LERG, the “equipment type” field for many of the CLLI Codes listed on Wide Voice’s bills to Verizon contains the letters “POI,” for point of interconnection. See Complaint ¶ 102; Answer ¶ 102. The LERG entries for these CLLI Codes also contain information in the “actual swc” or “actual switch” field; that information is another CLLI Code. Morgan Decl. ¶ 35. The LERG entries for those “actual switch” CLLI Codes, in turn, include information in the “equipment type” and “owned by” fields. See id. ¶¶ 33, 35, 36, 42. 5. For traffic delivered between January 2019 and September 2020, Wide Voice billed Verizon under the heading of 37 different CLLI Codes where the LERG “owned by” field lists a Wide Voice entity OCN. See Complainants’ Ex. 9 at ATTVZ00032. Those CLLI Codes 2 are: ANCRAKXC0MD, PHNXAZMAXNY, SNDGCA0244Z, SNFCCA21XCZ, PLSPCAXGX9Z, SNGRCAXFGMD, MNTCCAXGMMD, ONTRCAXPXAY, SNBBCAXFX2Y, SCRMCA01XGZ, DNVRCOMA22Z, CLSPCOMAXNY, RENONV12XMD, LSVGNVXBXYY, LSVGNVXBX4Z, SLKCUTMAXFY, EVRTWAXAXSX, BRHMALMT99Z, WASHDCSWFMD, TAMPFLXAXKZ, MIAUFLWSDS5, ATLNGAEPXJY, CMBRMABEZMD, BLTMMDCHYMD, BSMRNDBCFMD, NWRKNJ0288Z, CMDNNJCE37Z, NYCMNY37FMD, BFLONYFRSMD, CLMBOH11X9Y, CNCNOHWSX9Z, PHLAPAMKMMD, PITBPADTDMD, PRVDRIWA1MD, HSTNTXJAXWX, RCMDVAITXNX, and CHTNWVLECMD. Id. 6. During the same period, Wide Voice billed AT&T under these same CLLI Codes, with several exceptions. First, AT&T was billed under five CLLI Codes where Verizon was not: FRSNCA01X3Z; FRSNCA01X6Z; CLSPCOMAXOY; EVRTWAXAXPX; and ALBYNYSSX3X. Complainants’ Ex. 56 at ATTVZ000278. Also, AT&T was not billed under one CLLI Code where Verizon was: LSVGNVXBX4Z. Id.; Complainants’ Ex. 9 at ATTVZ00032. 7. The LERG entries for each of the CLLI Codes in the two preceding paragraphs list in the “actual switch” field a Wide Voice switch located in Miami, Florida (MIAUFLWSDS5) or Los Angeles, California (LSANCARCD6S). Complainants’ Ex. 9 at ATTVZ00032; Complainants’ Ex. 56 at ATTVZ000278. 8. For traffic delivered between January 2019 and September 2020, Wide Voice billed Verizon under the heading of 43 different CLLI Codes where the LERG “owned by” field lists an HD Carrier OCN: CLSPCOMAXWY, DNVRCOMA32Z, DNVRCOMA35Z, EVRTWAXAXVX, LSANCARCY1X, LSVGNVXBXKZ, MNTCCAXGSMD, 3 PHNXAZMAXTY, PLSPCAXGXVZ, RENONV12NMD, SCRMCA0105Z, SLKCUTMAXIY, SNBBCAXFXHY, SNFCCA21XOZ, SNGRCAXFPMD, ALBYNYSSXZY, ATLNGAEPXKY, BFLONYFRXNX, BLTMMDCHXVX, BRHMALMTY5X, BSMRNDBCX9X, CLMBOH1147Z, CMBRMABEQMD, CMBRMABETMD, CMDNNJCE55Z, CNCNOHWSXAZ, MIAUFLWSSMD, NWRKNJ0298Z, NYCMNY37UMD, PHLAPAMKX7X, PITBPADTXHX, PRVDRIWABMD, RCMDVAITXZX, TAMPFLXAX3X, WASHDCSWNMD, DESMIADTXWX, DVNPIAEAVMD, SXCYIADTYMD, OMAKNEYW7MD, RUDDIA012MD, SXFLSDPS7MD, TCSMAZCHEMD, and SNDGCA0261Z. Complainants’ Ex. 9 at ATTVZ00032-033. 9. During the same period, Wide Voice billed AT&T under these same CLLI Codes, with several exceptions. First, AT&T was billed for four CLLI Codes where Verizon was not: PHNXAZMAXXY, BSMRNDBCXCX, STTLWAWB18Z, and OMAHNENWXAY. Complainants’ Ex. 56 at ATTVZ000278-279. Second, AT&T was not billed under one CLLI Code where Verizon was: DNVRCOMA35Z. Id.; Complainants’ Ex. 9 at ATTVZ00032. 10. The LERG entries for all of the CLLI Codes in the two preceding paragraphs (except for OMAKNEYW7MD, RUDDIA012MD, SXFLSDPS7MD, TCSMAZCHEMD, SNDGCA0261Z, and STTLWAWB18Z) list in the “actual switch” field a Wide Voice switch located in Miami (MIAUFLWSDS5), Los Angeles (LSANCARCD6S), or Sioux Falls, South Dakota (SXFLSDCHDS2). Complainants’ Ex. 9 at ATTVZ00032-033; Complainants’ Ex. 56 at ATTVZ000278-279. 11. For the six exceptions, the LERG identified the “actual switch” as follows: OMAKNEYWDS1, RUDDIA01DS0, SXFLSDPSDS1, TCSMAZCHDS0, CHCGILDTGT3, and STTLWAWBDSH. Complainants’ Ex. 9 at ATTVZ00033; Complainants’ Ex. 56 at 4 ATTVZ000279. According to the LERG, these switches belong to the following companies: Airus, Inc. – NE, Farmers Mutual Telephone Co. – Nora Springs, Airus, Inc. – SD, Peerless Network of Arizona, LLC – AZ, HD Carrier LLC, and Peerless Network of Washington. Complainants’ Ex. 9 at ATTVZ00033; Complainants’ Ex. 56 at ATTVZ000279. 12. For traffic delivered between January 2019 and September 2020, Wide Voice billed Verizon and AT&T under the heading of one CLLI Code where the equipment type is “POI” and the owner of the equipment associated with that CLLI Code is Edgetel, LLC. The LERG identified the “actual switch” for that CLLI Code as a Wide Voice switch located in Miami (MIAUFLWSDS5). Complainants’ Ex. 9 at ATTVZ00033; Complainants’ Ex. 56 at ATTVZ000279. C. Traffic Forecasts 13. Rudd, Iowa is a town located more than 100 miles from both Des Moines, Iowa and St. Paul, Minnesota, with a population of approximately 350 people. See Complaint ¶ 4. 1. Communications with AT&T 14. On October 21, 2019, Wide Voice sent AT&T a forecast for new traffic ingressing to HD Carrier codes. See Stipulated Fact 21. “The existing capacity at the Miami and Los Angeles tandems was more than sufficient to handle these traffic volumes.” Complaint ¶ 46; Answer ¶ 46. 15. On March 19, 2020, AT&T asked about the delay in receiving Letters of Authorization (“LOA”) from Wide Voice, and stated: “I understand you are sort of at the mercy of your providers at to getting the LOAs. We are as anxious as you to get these DS3s through and are wondering if we can be of any assistance in helping you get the LOAs?” 16. On March 19, 2020, Wide Voice responded that: “Due to the shortage of workers at [CenturyLink] we are not sure they will get us the date we are asking for.” Wide Voice Ex. 30 5 at WV_000210 (Mar. 19, 2020 Email from T. DeCosta to C. Rodriguez). Wide Voice also stated: “Please help me push the SIP connection that I requested to try and ease the congestion at a quicker pace.” Id. 17. On April 16, 2020, Wide Voice stated that the delays in obtaining the LOAs was caused by CenutryLink and “their lack of knowledge on how to get [the situation] fixed.” Complainants’ Ex. 42 at ATTVZ00184 (Apr. 16, 2020 Email from T. DeCosta to C. Rodriguez). 2. Subsequent Forecasts 18. On March 26, 2020, Wide Voice provided the FCC with a modified forecast for March 2020 through February 2021. Other than through the inclusion of that forecast in a document filed with the FCC, Wide Voice did not provide that forecast to Verizon or AT&T, nor did it break this forecast down by LATA. Complaint ¶ 61; Answer ¶ 61. 3. Response to Traffic Forecasts 19. On September 2, 2020, AT&T stated that it would establish an additional tandem trunk group to Wide Voice’s Sioux Falls tandem with an anticipated 8 additional DS3 circuits. Complainants’ Ex. 41 at ATTVZ00174 (Sept. 2, 2020 Email from D. Malanca to T. DeCosta). 20. On December 1, 2020, AT&T requested LOAs from Wide Voice in order to further augment the facilities in Los Angeles (2 DS3s) and Miami (4 DS3s). Complainants’ Ex. 45 at ATTVZ000203 (Dec. 1, 2020 Email from C. Rodriguez to T. DeCosta). AT&T asked about the LOAs again on December 31, 2020. Id. (Dec. 31, 2020 Email from C. Rodriguez to T. DeCosta). To date, Wide Voice has not responded to this request. D. Wide Voice Tariff: End User and End Office 21. Wide Voice’s tariff provides that an “‘End User’ means any customer of an interstate or foreign telecommunications service that is not a carrier.” Complainants’ Ex. 80 at ATTVZ00610, Wide Voice Tariff FCC No. 3, § 1 (eff. July 29, 2017). 6 22. The same tariff provides that “[t]he term ‘Central Office’ or ‘End Office’ denotes the switching system office or serving wire center (or functionally equivalent or analogous facilities) from which End Users, or other customers under an ICB or contractual agreement, receive local exchange or other telecommunications service.” Id. at ATTVZ00609 (eff. Dec. 28, 2019).
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