Disputes about violations under existing interconnection agreemen...
Disputes about violations under existing interconnection agreements must be decided by state regulators before they can go to federal court, the 3rd U.S. Appeals Court, Philadelphia, ruled Wed. The court noted that the Telecom Act goes into great detail…
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about handling disputes about writing interconnection agreements but gives less guidance on enforcement of agreements already in force. Acting on a Core Communications complaint against Verizon, the court agreed with a lower court about interconnection agreement violations: “Interpretation and enforcement actions that arise after a state commission has approved an interconnection agreement must be litigated in the first instance by the relevant state commission. A party may then proceed to federal court to seek review of the commission’s decision or move to the appropriate trial court to seek damages for a breach, if the commission finds one.” But the court sent back to the U.S. Dist. Court, Philadelphia, other Core claims, saying the lower court shouldn’t have dismissed them across the board since Core faced statute of limitations deadlines for refiling the additional claims, which alleged Verizon violated the Telecom Act and state law.