Judge Sides With LECs vs. IXCs on Federal Claims in IntraMTA Access Fight
A federal judge granted a LEC motion to dismiss plaintiffs Sprint and Verizon's federal claims in an intercarrier compensation fight between LECs and interexchange carriers (IXCs) over “intraMTA” (major trading area) wireline-wireless traffic. A filing by CenturyLink LECs that included…
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the Tuesday ruling was posted Friday in FCC docket 14-228. The principal issue is whether LECs can charge IXCs "access fees for access services that the LECs provide the IXCs to enable them to exchange interstate wireless intraMTA calls," said Judge Sidney Fitzwater, of the U.S. District Court for the Northern District of Texas, Dallas Division (In Re: IntraMTA Switched Access Charges Litigation, Civil Action No. 3:14-MD-2587-D). Concluding that the LECs can charge IXCs the access fees under their filed federal tariffs, "the court grants defendants’ joint motion and dismisses plaintiffs’ federal-law claims with prejudice," Fitzwater wrote in his opinion. "Concluding that plaintiffs have failed to plead plausible claims that the LEC defendants cannot charge access fees under filed state tariffs, the court grants defendants’ joint motion, but it also grants plaintiffs leave to replead their state-law claims." Fitzwater also denied an AT&T motion to refer the case to the FCC under the doctrine of primary jurisdiction. Both sides have asked the FCC to weigh in on the dispute (see 1505190056).