The N.C. Utilities Commission denied an MCI petition to reconside...
The N.C. Utilities Commission denied an MCI petition to reconsider a Sept. decision allowing Alltel to withdraw a proposed interconnection agreement with MCI because the parties were too far apart for substantive negotiations. The pact (Case P-118, sub 14)…
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was in arbitration before the NCUC because of a dispute over treatment of transit traffic. MCI said it agreed to removal of the disputed language and wanted to resubmit the pact, but Alltel chose to withdraw it and the NCUC allowed that. MCI sought reconsideration, arguing that federal law doesn’t allow unilateral withdrawal of interconnection agreements that were in the process of state review, and asked that either the original pact or the pact without the transit-traffic language be approved. Alltel said its withdrawal was legal because it had indications that MCI was planning to route ISP-bound and enhanced service traffic to local trunks based on the interconnection facility being used rather than by the originating points of the calls. Alltel said this would be a breach of contract. The NCUC said it allowed the withdrawal because MCI and Alltel were still fighting preliminary battles about basic definitions and procedural issues. It gave the carriers until Nov. 10 to report on progress toward a new agreement.