• On August 26, 2010, the Kansas Corporation Commission (KCC) granted the joint petition of Level 3 Communications, LLC and AT&T Kansas to hold Level 3’s complaint against AT&T in abeyance while the parties seek to negotiate a settlement. Level 3 filed its complaint against AT&T in May 2010 to enjoin AT&T from not “properly rout[ing] nomadic voice-over-Internet-protocol ‘911’ calls” in Kansas. The KCC ordered the parties to file a status report on October 19, 2010, to apprise it of the status of the negotiations. 10-L3CT-749-COM.
  • On August 24, 2010, the US District Court for the Western District of Wisconsin dismissed a complaint filed by AT&T Wisconsin against the Minnesota Public Service Commission (MPSC) and Sprint Communications LP challenging a June 2009 order directing AT&T to port the carriers’ interconnection agreement from Kentucky to Wisconsin, with certain modifications, pursuant to the AT&T-BellSouth merger conditions. AT&T argued that the MPSC has no authority to require AT&T to accept the various modifications requested by Sprint. The MPSC and Sprint, however, asserted that the court lacked jurisdiction to consider AT&T’s complaint, arguing that the merger commitments are not “federal law” nor provided AT&T with a private right of action in federal court. The court agreed with the PSC and Sprint, stating that “[e]ven if the merger commitment did provide a basis for jurisdiction, [AT&T] has not shown that it creates a private right of action against the commission or that the commission violated the commitment.” AT&T Wisconsin v. Wisconsin Public Service Commission, 09-cv-00515 (WD Wis.).