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).

E. Wide Voice’s DTTP and DMUX Charges

23. Wide Voice’s FCC Tariff No. 2, § 7.2.2 (eff. May 10, 2010), listed two composite, per minute switched access rates: one for “California – AT&T” ($0.00740787) and one for what was then “California – Verizon” ($0.00722687). Complainants’ Ex. 58 at

ATTVZ00289. It did not contain switched access rates for any other territory within the United

States. See id.

24. On July 16, 2015, Wide Voice filed an amendment to Tariff No. 3, which stated that “[m]onthly recurring rates may be assessed on a per minute equivalent basis using the rates of the relevant ILEC with a monthly usage assumption of 216,000 MOU per DS1-equivalent circuit.” Complainants’ Ex. 60 at ATTVZ00331, Wide Voice Tariff FCC No. 3, § 3.6(A) (eff.

July 31, 2015); see Stipulated Fact 52. Wide Voice marked this change with an “(I)” in the margin. Complainants’ Ex. 60 at ATTVZ00331, Wide Voice Tariff FCC No. 3, § 3.6(A) (eff.

July 31, 2015). According to the “Explanation of Symbols,” an “(I)” is used “[t]o signify an increase.” Complainants’ Ex. 59 at ATTVZ00294, Wide Voice Tariff FCC No. 3, at 5 (eff. Jan.

20, 2012).

25. Lowering the denominator of the monthly usage assumption of MOU per DS1- equivalent circuit has the mathematical effect of increasing the per-minute rates for the affected rate elements.

7 26. Wide Voice’s DTTP rate for AT&T’s territory in California translated to a per-

minute rate of $0.0003552 under the 2012 tariff, but a per-minute rate of $0.0004111 under the

2015 tariff, an increase of $0.0000559 or nearly 16%. Compare Complainants’ Ex. 59 at

ATTVZ00295, 304, Wide Voice Tariff FCC No. 3, §§ 3.6(A), 3.8.3(C) (eff. Jan. 20, 2012), with

Complainants’ Ex. 60 at ATTVZ00331, 340, Wide Voice Tariff FCC No. § 3.6(A) (eff. July 31,

2015), § 3.8.3(C) (eff. July 31, 2014).

27. Wide Voice’s currently tariffed DTTP and DMUX flat rates correspond to the tariffed rates of the competing ILEC when the competing ILEC does not use zone based rates.

For example, in the former Telephone Company Areas, Wide Voice’s tariffed

DTTP rate is $32.16 per DS1 and its standard dedicated multiplexing monthly rate is $556.00, the same rates AT&T has tariffed in those former Southwestern Bell areas. Compare

Complainants’ Ex. 61 at ATTVZ00383, Wide Voice Tariff FCC No. 3, § 3.8.2(A), (C) (eff. Dec.

28, 2019), with Complainants’ Ex. 68 at ATTVZ00519-21, Southwestern Bell Telephone

Company Tariff FCC No. 73, § 6.9.2(C)(5) (eff. July 3, 2018),1 § 6.9.2(G)(4)(b) (eff. July 2,

2002).

28. The ILECs in certain territories — including the area covered by the Pacific Bell

Telephone Company Tariff and in Frontier’s former SNET, former GTE, and former Verizon territories — use a zone based rate system.

29. For example, in California, the Pacific Tariff has tariffed rates for “three pricing zones. The pricing zone is determined by the wire center that is identified in the NECA Tariff F.C.C. No. 4.” Complainants’ Ex. 67 at ATTVZ00512, Pacific

1 The Southwestern Bell tariff includes a monthly rate of $1.34 per DS0. There are 24 DS0s in a DS1; thus, this rate is equivalent to Wide Voice’s rate of $32.16 per DS1.

8 Bell Telephone Company Tariff FCC No. 1, § 6.1.3(A)(8) (eff. Sept. 22, 2007). The pricing in

Zone 1 is the lowest and in Zone 3 is the highest.

30. The Frontier tariffs to which Wide Voice benchmarks for Connecticut, California,

Florida, , and Washington use a similar three-zone pricing system for its DMUX rate.

31. For AT&T’s California territory and Frontier’s territories in Connecticut,

California, Florida, Texas, and Washington, Wide Voice has tariffed a single rate for dedicated multiplexing equivalent to the ILECs’ intermediate Zone 2 rate. Compare Complainants’ Ex. 61 at ATTVZ00385, 387, 397, 412, Wide Voice Tariff FCC No. 3, § 3.8.3(A) (eff. Dec. 28, 2019),

§ 3.8.4(A) (eff. Dec. 28, 2019), § 3.11.1 (eff. July 30, 2016), § 3.15.1 (eff. Dec. 28, 2019), and

Complainants’ Ex. 62 at ATTVZ00436, 471, 476, Transmittal No. 15, Wide Voice Tariff FCC

No. 3, §§ 3.8.3(D), 3.15(D), 3.17(D) (eff. Jan. 5, 2021) (renumbering Wide Voices rates for the

PacBell Frontier territories), with Complainants’ Ex. 70 at ATTVZ00535, Pacific Bell Telephone

Company Tariff FCC No. 1, § 6.8.2(K)(1) (eff. June 30, 2007); Complainants’ Ex. 64 at

ATTVZ00494, Frontier Telephone Companies Tariff FCC No. 11, § 6.3.1(E) (eff. Oct. 25,

2014); Complainants’ Ex. 65 at ATTVZ00501-02, Frontier Telephone Companies Tariff FCC

No. 14, § 4.6.2(M) (eff. Apr. 1, 2016); Complainants’ Ex. 63 at ATTVZ00485-88, Frontier

Telephone Companies Tariff FCC Tariff No. 5, § 4.6.2(M) (eff. July 1, 2010).

32. Wide Voice’s bills use the tariffed rates for the state based on the CLLI Code associated with the telephone numbers (not the CLLI Code that is the actual switch location for those telephone numbers). Complainants’ Ex. 61 at ATTVZ00374, Wide Voice Tariff FCC No.

3, § 3.6(A) n.1 (eff. July 18, 2019). Wide Voice has billed Verizon or AT&T its Zone 2 rates for calls under at least one CLLI Code with a location, according to the LERG, in Zone 1 in Pacific

Bell’s territory in California and in Frontier’s territories in California and Florida. The CLLI

9 Codes in these territories are SCRMCA01XGZ, PLSPCAXGXVZ, and TAMPFLXAX3X.

Morgan Decl. ¶¶ 21-27.

33. In January 2020, Wide Voice started billing a per-minute DMUX rate to AT&T and Verizon. Wide Voice informed Verizon and AT&T that it is assessing its DMUX charges on a per-minute rate using the 216,000 minutes per-DS1 assumption found in § 3.6(A) of its tariff. See Complainants’ Ex. 61 at ATTVZ00374, Wide Voice Tariff FCC No. 3, § 3.6(A) (eff.

July 18, 2019). Because Wide Voice’s DMUX rates are tariffed on a per-DS3 basis, Wide Voice divided its tariffed rate in each competing ILEC territory by 6,048,000 MOUs — 28 DS1s at

216,000 minutes per-DS1 — to calculate a per-minute rate. Since January 2020, Wide Voice has billed a per-MOU DMUX charge on all traffic under the headings of CLLI Codes ostensibly located in territories where the competing ILEC has tariffed a non-zero DMUX rate.

34. Wide Voice’s tariff did not contain any DMUX rate for that former Bell South region prior to January 5, 2021. See generally Complainants’ Ex. 61 at ATTVZ00381-82,

§ 3.8.1 (eff. Dec. 28, 2019); see also generally Complainants’ Ex. 59 at ATTVZ00300-01, Wide

Voice FCC Tariff No. 3, § 3.8.1 (eff. Jan. 20, 2012).

35. Wide Voice has billed both AT&T and Verizon a per-minute DMUX charge for traffic under CLLI Codes ostensibly located in the former Bell South region, including

ATLNGAMQPS0, MIASFLTTPS1, and MIAUFLWSSMD. See Complainants’ Ex. 9 at

ATTVZ00032-33.

F. Wide Voice Terminating Tandem Switching and Transport

36. Wide Voice FCC Tariff No. 3, § 3.6.4 (eff. Dec. 28, 2019), purports to authorize billing its non-zero “Terminating to Third Party” rates for calls when the dialed belongs to a purported VoIP/IPES Provider “hosted by Wide Voice.” Complainants’ Ex.

61 at ATTVZ00378.

10 37. Wide Voice FCC Tariff No. 3, § 3.6.4 (eff. Dec. 28, 2019), purports to authorize billing Verizon and AT&T its non-zero “Terminating to Third Party” rates on calls that route through a Wide Voice tandem to the end office of a Wide Voice LEC affiliate. Id.

11 Respectfully submitted,

/s/ Scott H. Angstreich /s/ Michael J. Hunseder Scott H. Angstreich Michael J. Hunseder

Curtis L. Groves Brett Farley VERIZON Christopher M. Heimann 1300 I Street, N.W., Suite 500 East David L. Lawson Washington, D.C. 20005 AT&T SERVICES, INC. (202) 515-2179 1120 20th St., N.W., Suite 1100 Washington, D.C. 20036 Scott H. Angstreich (202) 457-3090 Grace W. Knofczynski Jayme L. Weber Michael J. Hunseder KELLOGG, HANSEN, TODD, FIGEL James P. Young & FREDERICK, P.L.L.C. Spencer D. Driscoll 1615 M Street, N.W., Suite 400 Alice A. Wang Washington, D.C. 20036 SIDLEY AUSTIN LLP [email protected] 1501 K Street, N.W. [email protected] Washington, D.C. 20005 [email protected] [email protected] (202) 326-7900 [email protected] [email protected] Counsel for MCI Communications [email protected] Services LLC (202) 736-8000

Counsel for AT&T Corp. and AT&T Services, Inc. Dated: March 12, 2021

12 CERTIFICATE OF SERVICE

I hereby certify that, on March 12, 2021, I caused a copy of the foregoing Supplemental

Statement of Facts to be served as indicated below to the following:

Marlene H. Dortch Sonja Rifken Office of the Secretary Rosemary McEnery Market Disputes and Resolution Division Lisa Griffin Federal Communications Commission Anthony J. DeLaurentis Sandra Gray-Fields Enforcement Bureau Federal Communications Commission

Christopher Libertelli CARRIERX, LLC 4300 Pacific Coast Highway Long Beach, CA 90804 General Counsel | CarrierX

Lauren J. Coppola Timothy Wenger Rebecca Bact Robins Kaplan LLP 800 Boylston Street Suite 2500 Boston, MA 02199

Counsel for Wide Voice

Respectfully submitted,

/s/ Spencer Driscoll Spencer Driscoll SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, D.C. 20005 [email protected] (202) 736-8000

Counsel for AT&T Corp. and AT&T Services, Inc.

March 12, 2021