11 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 servicePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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