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Complaint of US LEC of Florida, Inc.
Florida Public Service Commission
Page 7 of 10
customer. Likewise, subscribers to US LEC’s local exchange service may place calls to ISPs
served by BellSouth.
B. The Dispute
22.
The reciprocal compensation provisions of the Agreements clearly require the
parties to compensate each other for the termination of all local traffic. There is no exception in
the Agreements for calls terminating at ESPs or ISPs.
23. Since the execution of the Agreement, and the interconnection of their respective
networks, and through a number of validly delivered invoices, US LEC has billed BellSouth the
total sum of $1,116,979.09. That sum represents the amount of $1,107,356.04 for reciprocal
compensation owed to US LEC for transporting and terminating traffic from BellSouth
customers to US LEC customers in Florida and the amount of $9,623.05 in late charges for
delinquent amounts and non-payment of amounts due.’
24. Against this amount, BellSouth has paid only the amount of $25,332.28. Taking
into account a credit advanced by US LEC to BellSouth ($558.15), the total sum outstanding as
of June 1, 1999, was $1,091,088.66. The only reason given by BellSouth for its refusal to pay
the balance invoiced is that it represents ISP traffic and late charges.
25. BellSouth’s refusal to pay the balance of the amounts invoiced for reciprocal
compensation is a breach of the Agreements.
26. BellSouth’s breach of its Agreements finds no support in prior decisions of this
Commission addressing substantially identical disputes over obligations to pay reciprocal
compensation arising h m interconnection agreements between BellSouth and other competitive
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Copies of the relevant invoices are attached hereto collectively as Exhibit D.