Local exchange carriers prevail in intraMTA appeal

The U.S. Court of Appeals for the Fifth Circuit issued a decision on May 27, 2020, in the case addressing claims that certain local exchange carriers improperly billed Verizon and Sprint for switched access charges for intraMTA wireless calls and the LECs’ related claims and counterclaims.

The court affirmed the district court’s dismissal of Sprint and Verizon’s claims for damages, finding because the LECs filed access charge tariffs with the FCC and state regulators, the filed-rate doctrine requires Sprint, Verizon and Level 3 to pay those charges. The court, for the same reasons, affirmed the district court’s summary judgment on the LECs’ claims and counterclaims.

The court also ruled Sprint and Verizon could be entitled to declaratory relief related to at least some of the LECs that are price cap carriers, and vacated and remanded the dismissal of their claim for declaratory relief to the district court.

Filed under May 2020 , Tagged with FCC, Tariffs

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