Michael K. Powell
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Powell:

More than fifteen months ago, AT&T filed a petition (WC Docket No. 02-361) asking the Federal Communications Commission (the Commission) to determine whether access charges apply to long-distance voice calls that AT&T transports over its Internet Protocol (IP) backbone. The petition did not ask the Commission to change its current rules -- it simply asked the Commission to state what its existing access charge rules require today. Yet, fifteen months later, the Commission has failed to answer this straightforward question. In the meantime, the Commission's silence on the question has been deafening. I am extremely concerned that the Commission's continued failure to clarify the rules governing traffic over AT&T's IP backbone could jeopardize our ability to keep telephone rates in rural areas affordable.

Accordingly, I request that by February 5, 2004 you provide me with a direct answer to the following question: Do the Commission's existing access charge rules apply to the long-distance service described in AT&T's petition? I am not asking whether those rules apply to the services described in other petitions, such as those filed by Pulver.com, Vonage, Level 3, or any other provider. I am also not asking whether the Commission may change its access charge rules in the future. I would simply like to know whether the traffic described in AT&T's petition is subject to access charges today under the Commission's existing rules. Silence is not acceptable.

Sincerely,

W.J. "Billy" Tauzin
Chairman

Cc:

Commissioner Kathleen Abernathy
Commissioner Kevin Martin
Commissioner Michael Copps
Commissioner Jonathan Adelstein