Supra Telecom Requests the Florida Public Service Commission - PSC - to Initiate Investigation of BellSouth's Interconnection Department

Business Wire, Dec 22, 1998

MIAMI--(BUSINESS WIRE)--Dec. 22, 1998--A week after the release of the Florida Public Service Commission (PSC) staff recommendation on the collocation petition filed by Supra Telecom against BellSouth, Supra Telecom has filed two new petitions asking the Commission to initiate investigation of BellSouth's Interconnection Services Department, especially the Division responsible for "negotiating" Interconnection Agreements with ALECs.

Supra Telecom has discovered very serious alterations between its "negotiated" Interconnection Agreement and the version submitted by BellSouth to the Commission for approval. BellSouth has conceded that Mr. Patrick Finlen, Manager in the Interconnection Services Department made unilateral alterations to the Agreement before filing same with the Commission. The most important alteration to the Agreement made by BellSouth was the deletion of provisions relating to the combination of "Unbundled Network Elements." This provision would have offered Supra Telecom the opportunity to provide competitive pricing of telephone services to subscribers in the entire BellSouth region in the State of Florida.

In a letter to Supra Telecom, BellSouth claims that the swapping of attachments was inadvertent and unintentional. Notwithstanding BellSouth's contentions, Supra believes that the swapping of attachments and the filing of the BellSouth Altered Interconnection Agreement was a fraud perpetrated on Supra, the Commission and telephone subscribers of Florida. Given BellSouth's motives, means and opportunity, it is difficult to believe that the swapping of attachments was anything but intentional and deliberate. At a minimum, this swapping constitutes gross negligence on BellSouth's part.

In addition to the above, Supra Telecom notes the gross uneven bargaining power between BellSouth and ALECs in general. Moreover, if BellSouth has deliberately altered an agreement entered with Supra Telecom, then perhaps this conduct has been repeated in the past. In this regard Supra Telecom requests that the Commission invite other ALECs to participate in the proceeding and permit them to review and question the validity and authenticity of Agreements which they have executed, but which BellSouth was allowed to file with the Commission. This is warranted because the BellSouth Agreements are often in excess of 500 pages in length and contain only one signature page. Since BellSouth will always be the last party to sign the agreement, the ALEC must trust BellSouth to return and file an accurate copy of the negotiated Agreement. Clearly this situation is one that is open for abuse by BellSouth. Supra Telecom wants the Commission to establish procedures that will insure that BellSouth does not change agreements prior to filing.

If it is determined by the commission, that BellSouth has defrauded Supra Telecom and other ALECs in the filing of Interconnection Agreements, Supra Telecom has requested that, the FPSC refer this matter to the Florida Attorney General, so that a determination can be made as to whether BellSouth`s conduct warrants an Antitrust investigation under Chapter 542 of the Florida Statutes.

"This is a very serious and disturbing development. There already exists a gross uneven bargaining power between BellSouth and ALECs in general as ALECs are not allowed to negotiate Agreements with BellSouth. BellSouth provides ALECs with must accept terms and are expected to adopt such terms without making a single amendment," said Emmanuel Danso, Executive Vice President, Corporate Development for Supra Telecom.

Formed in 1983, Supra Telecom is a privately owned, Alternative Local Exchange Carrier that provides full service communications solutions to its customers. For more information on Supra Telecom please visit our web site at http://www.stis.com or call our Public Relations Department at 305-476-4209.