FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,757
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the 1996 Local Competition Order, the Commission defined a local loop as "a transmission facility
between a distribution frame, or its equivalent, in an incumbent LEC central office, and the network
interface device at the customer premises.""5 Moreover, the Commission and others in the industry
commonly refer to loops as "last mile facilities.""6
40. The purpose and relative amount of end office switching charges further confirm that
"termination" of "End User station loops" and "end user lines" refers to a physical transmission facility
that provides a point-to-point connection between a customer premises and a telephone company office.
End office switching charges were and are authorized by law to allow local exchange carriers to recover
the substantial investment required to construct the tangible connections between themselves and their
customers throughout their service territory."' As a result, end office switching rates are among the
highest recurring intercarrier compensation charges. In fact, as is typically true of LECs, YMax's own
End Office Switching rates greatly exceed all other recurring rates in its Tariff."'
41. Applying those meanings here, the record plainly shows that YMax provides no
"termination" of "End User station loops" and "end user lines" under its Tariff. In particular, as YMax
acknowledges, YMax does not provide any physical transmission facilities that establish point-to-point
connections between the premises of Called/Calling Parties and YMax equipment."9 Instead, multiple
parties other than YMax - starting with the Called/Calling Parties' ISPs and ending with [Redacted
confidential information regarding YMax's network configuration] or AT&T, with a number of unknown
ISPs in between - must provide physical transmission facilities to complete a link between the premises
of Called/Calling Parties and YMax. Consequently, the Tariff does not authorize YMax to assess End
Office Switching charges on AT&T.20
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well as interstate and foreign calls.") (footnotes omitted); Newton's Telecom Dictionary (16th ed.) at 507 (defining
"loop" as "the pair of wires that winds its way from the central office to the telephone set or system at the
customer's office, home or factory, i.e., 'premises' in telephones").
"s See, e.g., Implementation of the Local Competition Provisions in the Telecommunications Act of 1996;
Interconnection between Local Exchange Carriers and Commercial Mobile Radio Service Providers, I 1 FCC Red
15499, 15691, 380 (1996) (also noting that a "local loop" "includes, for example, two-wire and four-wire analog
voice-grade loops and two-wire and four-wire loops that are conditioned to transmit the digital signals needed to
provide services such as ISDN, ADSL, HDSL, and DSl-level signals") (subsequent history omitted); Ameritech
Operating Companies, 11 FCC Rcd 14028, 14031-32, 1 6 (1996) ("'Common line' is the term in the Part 69 Rules
that refers to the facilities that connect subscriber premises and LEC end office switches, also known as 'local loops'
or 'subscriber lines.'"') (emphasis added).
'16 See, e.g., Verizon Commc 'ns, Inc., 535 U.S. at 490 (characterizing a "local loop" as the "'last mile' of feeder
wire"); Covad Commc 'ns v. FCC, 450 F.3d 528, 532 (D.C. Cir. 2006) (describing a "local loop" as "wires that run
from switches over the 'last mile' to consumers' telephones"); AT&T, Inc. & BellSouth Corp., 22 FCC Red 5662,
5677, 28 (2007) (stating that a "local loop" is a "'last mile' connection" that "runs from the transport facility to the
"7 See, e.g., Owens Aff. at 10 ("Switched access charges were established for the purpose of ensuring that
interexchange carriers contribute to the recovery of the costs of local exchange carrier facilities used in the
origination and termination of interexchange calls from and to end users.").
"8 See Tariff 4.
"9 See. e.g., Pavol Dep. at 113; YMax Initial Brief at 11-12. [Redacted confidential information regarding YMax's
network configuration]. See YMax Initial Brief at 8. See also Borislow Dep. at 91-93.
20 According to YMax, the fact that Called/Calling Parties procure their own physical, last mile connection from a
third-party ISP is irrelevant because YMax has not sought to charge AT&T a carrier common line ("CCL") charge
for that last mile connection. See, e.g., Answer Legal Analysis at 38. We disagree. Whether YMax has assessed a
CCL charge on AT&T has no bearing on the meaning of End Office Switching under the 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/m1/929/: accessed March 30, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.