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Complaint of US LEC of Florida, Inc.
Florida Public Service Commission
Page 9 of 10
VI. REQUEST FOR RELIEF
WHEREFORE, US LEC requests that the Commission: (1) determine that the provisions
of the Agreements concerning local traffic exchange fully contemplate telephone exchange
service calls that terminate to ESPs including ISPs; (2) determine that BellSouth has breached
the Agreements by failing to pay US LEC reciprocal compensation for the transport and
termination of telephone exchange service local traffic originated by BellSouth’s end-user
customers and sent to US LEC for termination with ESPs including ISPs that are US LEC’s end-
user customers; (3) enforce the Agreements by ordering BellSouth to treat telephone exchange
service calls that terminate to ESPs including ISPs in the same way it treats all other telephone
exchange service local calls when calculating its reciprocal compensation payment obligations to
US LEC and to pay US LEC all sums owing now and in the future for terminating such local
1999)(vacating earlier decision but reserving ruling and acknowledging that some form of reciprocal
compensation for ISP-bound traffic would be appropriate).
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FCC 99-38, supra; MTS and WATSMarket Structure, CC Docket No. 78-72, Memorandum
Opinion and Order, 97 FCC 2d 682 (1983); Amendment ofpart 69 of the Commission’s Rules Relating to
Enhanced Service Providers, CC Docket No. 87-215, Order, 3 FCC Rcd 2631 (1988); Amendment of Part
69 of the Commission’s Rules Relating to Enhanced Service Providers, CC Docket No. 87-215, Order, 2
FCC Rcd 4305 (1987); Access Charge Reform, CC Docket No. 96-262, First Report and Order, 12 FCC
Rcd 15982 (1999, affdsub nom. Southwestern Bell Tel. Co. v. FCC, 153 F.3d 523 (8” Cir. 1998);
Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report to Congress, 13 FCC Rcd
11501 (1998).
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Illinois Bell Tel hone Company d/b/a Ameritech Illinois v. WorldCom Technologies, Inc., et al.,
NO. 98-3150, slip op. (7 Cr., rel. June 18, 1999); No.Illinois Bell Telephone Company d/b/a Ameritech
Rlinois v. WorldCom Technologies, Inc., NO. 98 C 1925, 1998 WL 419493 (N.D. Ill. July 23, 1998); US
West Communications, Inc., v. WorldCom Technologies, Inc., 31 FSupp. 2d 819 @.Ore. 1998); US West
Communications, Inc. v. MFS Telenet, Inc., No. C 97-222 WD, 1998 WL 350588 (W.D. Wash. Jan. 7,
1998).