Andre Vanier, Co-Founder, Rondee, Inc.

While audiotext was calling themselves, something not alledged here, the base of paying less per minute than it costs to complete the call and revenue sharing remains the same.

 35.  Although we by no means endorse the kind of business conduct that AudioText admittedly engaged in here, we have no authority to depart from the well-settled filed tariff doctrine simply because we wish to censure certain business conduct.  Instead, the Act places the burden on carriers such as AT&T to protect themselves against customer conduct they deem unfair or undesirable by incorporating appropriate safeguards in their contract and/or tariff provisions.  In this case, AT&T failed to take such protective measures before contracting with AudioText.  Accordingly, because we find that AT&T's suspension of AudioText's service on September 15, 2000 was not authorized under section 2.9.6. of the tariff, we rule in AudioText's favor on these counts.

The FCC ruled completely in audiotexts favour and stated that AT&T violated their tariff when they shut off audiotexts service and (redundant claims were tossed merely becuase they were redundant and were not reviewed).

http://www.fcc.gov/eb/Orders/2004/FCC-04-32A1.html
they have a pdf as well, but this ensures that everyone can read it easily.

http://wactivist.com/article/626/it-starts-wireless-carriers-block-freeconferencecom

Remember that Qwest and AT&T think they are doing favors for people or end users. They are saying these calls cost us millions of dollars, but who paid the bill? The customers pay Qwest and AT&T for their bills, but then Qwest and AT&T don’t pay the companies. Who is in the wrong there?
Cingular and AT&T jam phone networks at night for text and toll free numbers for the american idol show. Maybe these calls should be blocked from the local side?

OTHER ‘IDOL’ CARPETBAGGERS: Last season,
Cingular, the provider of mobile services to the show, rang up an astonishing 41.5 million text messages from the show’s voting system. In the quarter that just ended in March — smack dab in middle of “Idol” season — the company reported a 9% increase in revenue and a profit of $350 million, and attributed it partly to “Idol.”

Cingular has jumped heavily on the “Idol” wagon as the show’s popularity has grown. It now sells ringtones of “Idol” performances as they happen. And it recently launched a service that allows the 70 million MySpace subscribers to sell their own “Idol”-like karaoke performances as ringtones via the site.

Others gleefully join in. Coke pays a hefty sponsorship fee but gets prominent product-placement throughout the program. Vidgame firm Konami is said to be planning an ambitious “Idol” game. And in licensing that may really stretch the brand-extension cord, Mattel has “Barbie American Idol — Rockin’ Recording Studio” while the costume firm Disguise offers the “Future American Idol Toddler Costume.”

This is all a bullying ploy to keep new players out of the market. And it is working. But the correct venue is the FCC which sets and reviews these rates (and the volumes sold under them) every two years. We are in the middle of that process now, which is why Qwest and AT&T are pursuing these groundless suits. They know no one likes being sued and even a worthless suit is expensive for startups and these small, unsophisticated rural guys.

But don’t believe the nonsense in their one sided corporate spin.

I’d bet anything that AT&T struck some sort of deal already and Quest is trying to get in on it too and so they don’t get screwed down the line when this arbitrage is officially allowed by the courts.