Level 3 asked the FCC to prohibit wireless carriers' use of "inserted" competitive local exchange carriers to collect access fees that they couldn't get otherwise from long distance carriers. "Five years ago ... the Commission made clear that CMRS carriers and the CLECs they selected could not work together to obtain access payments that exceeded the competing ILEC's interstate rates for portions of a wireless originated call handled by the CLEC," Level 3 said. "The Commission was clear that when a CLEC is providing access (i.e. transit) services at the behest of the CMRS carrier, the CLEC cannot use its ability to tariff access charges to charge for functions performed by the CMRS carrier and not by the CLEC." Despite the order, the company said, "Level 3 continues to be presented with demands by some CLECs ... to pay access charges that far exceed the federal access rates that the ILEC would levy for performing the same functions for wireless-originated toll-free traffic."
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