FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,749
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the kinds of services and functions that YMax performs with regard to the traffic at issue.5s
1. Because The Called/Calling Parties Are Not "End Users," YMax Has Not
Provided "Switched Access Services" Within The Meaning Of Its Tariff.
15. As required by section 203(c) of the Act, we begin by examining the relevant terms in
YMax's Tariff. Section 3 of the Tariff describes Switched Access Services.56 A review of section 3
reveals that, in determining whether YMax properly billed AT&T for Switched Access Services under its
Tariff, a central issue is whether the Called/Calling Parties are "End Users" within the meaning of the
Tariff. According to section 3, Switched Access Service "is available to Customers [usually
interexchange carriers]"7 for their use in furnishing their services to End Users;" and it provides a "a two-
point communications path between a Customer's Premises and an End User 's Premises" and thus "the
ability to originate calls from an End User's Premises to a Customer's Premises and to terminate calls
from a Customer's Premises to an End User's Premises ...."58,,ss The Tariff defines an "End User's
Premises" as "[t]he premises specified by the Customer or End User for termination of access services at
the End User's physical location."" It further states that, when provisioning Switched Access Service,
"Originating traffic type represents access capacity ... for carrying traffic from the End User to the
Customer, and Terminating traffic type represents access capacity ... for carrying traffic from the
Customer to the End User."6
16. Thus, the term, "End User" is integral to the meaning of "Switched Access Service."
YMax provides Switched Access Service under its Tariff if- and only if-- a call involves an "End
User" as defined in the Tariff.
17. The definition of "End User" in YMax's Tariff is similar to that commonly found in
many LEC tariffs.6' An "End User" is defined as a person or entity "that uses the service of the Company
[YMax] under the terms and conditions of this Tariff~"62 As explained below, we find that the
" We express no view about whether or to what extent YMax's functions, if accurately described in a tariff. would
provide a lawful basis for any charges.
6 See Tariff 3.1-3.8, Original Pages No. 45-54.
" The Tariff defines "Customer" as "Any person, firm, partnership, corporation or other entity that uses service
under the terms and conditions of this tariff and is responsible for the payment of charges. In most contexts, the
Customer is an interexchange carrier utilizing the Company's Switched Access services described in this tariff to
reach its End User customer(s)." Tariff 1, Original Page No. 9.
s Tariff 3.1.1, Original Page No. 45 (emphases added). Section 3.1.1 states in full: "Switched Access Service,
which is available to Customers for their use in furnishing their services to End Users, provides a two-point
communications path between a Customer's Premises and an End User's Premises. It provides for the use of
common terminating, switching and trunking facilities, and for the use of common subscriber plant of the Company.
Switched Access Service provides for the ability to originate calls from an End User's Premises to a Customer's
Premises and to terminate calls from a Customer's Premises to an End User's Premises in the LATA where it is
" Tariff I1, Original Page No. 10 (emphases added).
0 Tariff 3.2.3, Original Page No. 46 (emphases added).
61 See, e.g., YMax Initial Brief at 3 n.9; AT&T Reply Brief at 6.
6 Tariff 1, Original Page No. 10 (emphasis added). The Tariff defines "Company" as "YMax." Tariff 1,
Original Page No. 8. The Tariff defines "End User" as: "Any person, finn, partnership, corporation or other entity
that uses the service of the Company under the terms and conditions of this tariff. In most contexts, the End User is
the customer of an interexchange carrier who in turn utilizes the Company's Switched or Dedicated Access services
described in this taritTto provide the End User with access to the IC's communication and switching system." Tariff
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/921/: accessed April 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.