1linitcd ~tatcs ~cnatc WASHINGTON, DC 20510 The Honorable Julius Genachowski Chainnan Federal Communications Commission 445 12111 Street, SW Washington, DC 20554 Dear Chairman Genachowski: December 3, 2012 We have heard from many constituents in our states regardi ng the persistent problem of some long-distance telephone calls not being completed to consumers in rural areas. Telephone service has become less reliable as consumers experience calls that fa il to complete, are delayed, have poor voice quality, lack correct caller ID information, or are never connected because some originating providers simply refuse to connect calls to customers served by small rural carriers. While an increasing number of Americans rely on high-speed Internet and mobile communications, many people still depend on traditional landline telephone service. Cal l completion problems have serious economic consequences throughout rural America. During this difficult economic period, small businesses cannot afford to lose business opportunities because of dropped calls and poor service quality. We are also concerned about public safety and wotTy it is only a matter of time before this situation leads to tragedy when a rural customer is unable to receive an urgent call. Small business owners and people living in mral areas are rightfully frustrated and demand a resolution to these problems. Our constituents ' concerns are supported by the National Exchange Carrier Association ' s April 2012 call completion study that concluded that call failure rates were s ignificantly higher in rural areas compared to their non-rural counterparts across all call originating platforms. The study found that instances of poor voice quality and delays were also higher in rural areas. Additionally, the study revealed that a concerning rate of calls originating as nomadic VoiP were fa iling to be completed. We believe the Federal Communications Commission's February 2012 Declaratory Ruling on Rural Call Completion Issues was a step in the right direction, but unfortunately, these problems are continuing to occur at an alarming rate. Swift action is needed to restore quality service in rural areas and to preserve the basic integrity of our nation's communications network. We understand the Commission has been investigating call termination problems since fa ll 20 I I and has developed online portals for consumers and providers to report problems. We urge the Commission to release a summary of its investigation and the information it has gathered in aggregate fo rm that protects the privacy of consumers and individual companies' confidential infom1ation. These problems have continued for far too long. To protect rural consumers and ensure these problems are promptly addressed, we urge the Commission to continue promoting industry best practices and use all authorized and appropriate enforcement powers to take action against parties found to be engaging in the prohibited activities outlined in the Commission 's 1511 o c1aratory Ruling. h uld th Commis ion suspect an originating pr i er is iolating its eclaratory Ruling \J urg th Commission to expedite its in estigation b requiring the originating provid r t ubmit net\! ork perfol1l1anc data. Tills infomlati n should include a detailed analysi of call completion rate. If an originating pro ider submit infonnation indicating that c, lls nt from that provider s n twork to rural consum r ha e mat rially great r failure rates than call to urban areas such information should trigger furth r r vi w of the pr ider s operation . The us ofleast co t rouling services is believed b man to b a factor c ntributing to lh probl ms. Wb nth ommis ion suspe ts an originating pro ider i failing to proper! d Ii cr all to rural area tl1 mmission should requir the originating pro id r to r port whether it has utilized a I ast co 1 r uting s rvic. uch information could \! arrant additional crutin b th ommission. Thank you for your all nli n to this matter. W respectfully request that you consider implementing th actions we hav recommend d and urge you to work with the Federal Trad ommission to conducl a parallel investigation if it is detennined that our ag ncy lacks juri diction over an rthe providers failing to properly complete call t rural areas. We al 0 ask that you outline your plans for carrying out our recommendations or d cribe an alternative action plan that will re Ive thes problems and ensure that rural bu in e and onsumer can once again access reliabl t lcphone service. incerely, 0"----..-- nator Tim Jo_...~ __ enator Tom I-larkin i ~~ ......: A!!"~~~~!~tt~..~.~_~on ~ A tL\~en~obuchar +1' enator fi ha 1 . B nnet ~-~_~*I'V__ b.'~ ~_~rdJ.Durbin ' - Senator Mark Udall Senator Claire McCaskill • Senator Mark L. Pryor ~~Ct'hO~se=~----- cc: Commissioner Robert M. McDowell Commissioner Mignon Clyburn Commission r lessica Rosenworcel Commission r Ajit Pai