On March 22, 2010, the US District Court for the District of Arizona dismissed Eschelon’s cross-claim against the Arizona Corporation Commission relating to its ruling that Qwest may charge $200 per day for non-emergency expedited requests for unbundled loops. The Commission had found that Qwest breached its interconnection agreement with Eschelon when it attempted to impose that charge, prompting Qwest to challenge the ruling in federal court. The court held, however, that because the parties had not adequately presented the issue of the non-emergency expedite charges to the Commission, Eschelon could not raise it on appeal: “the Commission did not have the opportunity to fully analyze the issue after presentation of evidence and argument.” The court held that the “Commission should have the benefit of a proper complaint process and the Court should have the benefit of a fully developed Commission record.” Qwest Corp. v. Arizona Corp. Comm'n, No. CV 08-2374-PHX-JAT (D. Ariz.).
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In the courts
- Arent Fox LLP
- Ross A. Buntrock , Jonathan E. Canis , Alan G. Fishel , Michael B. Hazzard , Stephanie A. Joyce and Jeffrey E. Rummel
- March 29 2010
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Senior Patent Counsel
Royal DSM NV