• On March 24, 2010, the California Public Utilities Commission released T-Mobile’s answer to a complaint filed by Pac-West concerning terminating access charges for commercial mobile radio service (CMRS) traffic. Pac-West has filed similar complaints against Sprint (C09-12-014), Cellco Partnership (C10-01-021), and Cricket Communications (C10-01-019), each alleging that the wireless carrier is wrongfully refusing to compensate Pac-West for terminating wireless traffic in accordance with its state and federal tariffs. T-Mobile responded to Pac-West’s complaint by stating that a CLEC may not impose compensation obligations on a CMRS provider pursuant to a tariff. Further, T-Mobile argued that Pac-West “is not entitled to the relief it seeks or any relief in this proceeding as the flow of traffic to Pac-West has been stimulated or largely stimulated by Pac-West’s traffic pumping practices, its tolerance/affiliation with traffic pumping entities, and/or by other unjust and/or unreasonable practices.” C10-01-020.

 

  • On March 22, 2010, the Utah Public Service Commission issued a third amended scheduling order in a complaint proceeding initiated by Qwest Corp. against McLeodUSA Telecommunications Services, Inc., d/b/a PAETEC Business Services. Qwest alleged that PAETEC is unlawfully assessing wholesale service order charges on Qwest when a local exchange customer switches from PAETEC to Qwest, regardless of whether Qwest solicited the customer or the customer independently made the decision to switch carriers. Qwest therefore contends that the charge is both discriminatory and anticompetitive. According to the new case schedule, the Division of Public Utilities will issue its orders on the parties’ motions for summary judgment on April 12, 2010, and the parties are directed to respond to the orders by May 3, 2010. A hearing will be held, if necessary, on May 11, 2010. Docket 09-049-37.