Golden Belt Telephone Association, Inc. - Page 11

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          that B & C services are "communication services."  The FCC                  
          explained the change as follows:                                            
               We recognize that in the Billing and Collection                        
               Detariffing Order, the Commission found that LEC                       
               billing and collection for an unaffiliated IXC is "not                 
               a communication service for purposes of Title II of the                
               Communications Act," but rather, "is a financial and                   
               administrative service."  * * *  Nevertheless, in                      
               recognizing its Title I ancillary jurisdiction over                    
               billing and collection services, the Commission found                  
               that such services were "incidental" to the                            
               transmission of wire communications and thus fell                      
               within the meaning of "wire communication" as defined                  
               in Section 3(a) of the Act.  * * *  These two findings                 
               appear inconsistent.  Upon further analysis, we believe                
               that the latter conclusion, that billing and collection                
               is incidental to the transmission of wire communication                
               and thus is properly considered a communications                       
               service under Section 3(a) of the Act, is the correct                  
               one.  Billing and collection, of course, remains                       
               outside the scope of Title II because it is not a                      
               common carrier service.  * * *  [Emphasis supplied.]                   
          7 FCC Rcd at 3533 n. 50.                                                    
               The Tenth Circuit, which includes Kansas, has acknowledged             
          the 1992 FCC Decision.  In Mical Communications, Inc. v. Spring             
          Telemedia, Inc., 1 F.3d 1031, 1039 (10th Cir. 1993), the court              
          stated that the FCC "appeared in that order, however, to retreat            
          from its characterization of billing and collection by LECs as              
          merely a 'financial and administrative' service."                           
          2.  Analysis                                                                
               In 1934, Congress created the Federal Communications                   
          Commission                                                                  
               For the purpose of regulating interstate and foreign                   
               commerce in communication by wire and radio so as to                   
               make available, so far as possible, to all the people                  
               of the United States a rapid, efficient, Nation-wide,                  
               and world-wide wire and radio communication service                    



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