Competitive LECs (CLECs) operating in competitive areas are required to de-tariff their Business Data Services (BDS), also known as special access, prior to August 1, 2020. JSI recommends that CLECs ensure that all BDS customers have contracts that state the rates, terms and conditions for each BDS service they sell or that are still in service prior to de-tariffing.

It is important to transition BDS customers to service contracts if your CLEC is currently relying on its filed tariff, since some carriers will not pay unless there is a tariff or a contract in place. CLECs may be able to take advantage of de-tariffing competitive areas to gain additional BDS services in the Price Cap areas.

Please keep in mind that, although de-tariffed, BDS services are still telecommunications services that must be provided under non-discriminatory terms and conditions. Approximately every three years, the FCC will collect data to validate that carriers are being non-discriminatory. It is likely that all contracts with customers will need to be disclosed to the FCC during these data collections.

These rules only affect the competitive counties. Upon request, JSI can provide state lists of competitive counties.

If you would like more information on BDS de-tariffing or need assistance with BDS contracts, please contact Valerie Wimer or Terri Parrilla in JSI’s Maryland office at 301-459-7590.