• On February 23, 2011, an administrative law judge from the Colorado Public Utilities Commission filed his recommended decision in the access charge case brought by Qwest Communications Corp. against several competitive local exchange carriers (CLECs). The CLECs include MCIMetro Access Transmission Services LLC, XO Communications Services, Inc., Time Warner Telecom of Colorado LLC, Eschelon Telecom, Inc., Arizona Dialtone, Inc., and Level 3 Communications LLC. Qwest alleged that these CLECs violated their intrastate access services tariffs by charging higher access rates to Qwest than to other similarly situated IXCs. In his recommended decision, the ALJ found that the CLECs had “unjustly discriminated” against Qwest by granting an unreasonable preferential and advantageous access service to an IXC other than Qwest, and by departing from tariffed rates while denying such preference and advantage to Qwest.” The ALJ concluded, however, that Qwest should not be entitled to prospective rate relief, but “an attempt will be made to alleviate the root cause of the discrimination through prospective compliance.” Docket No. 08F-259T.
  • On February 28, 2011, South Dakota LECs Midcontinent Communications, Knology of the Plains, Inc. and Knology of the Black Hills, LLC filed an opposition with the South Dakota Public Utilities Commission (SD PUC) against the motion of Verizon Business Services to stay proceedings in the LECs’ complaint case for failure to pay access charges on Voice-over-Internet-Protocol (VoIP) calls. Verizon asserted that the SD PUC should not resolve the case until the FCC determines, under its recent NPRM, whether VoIP traffic is compensable. The LECs argued in opposition that nothing in the NPRM will resolve “this state-specific dispute between Complainants and Verizon about the applicability of intrastate switched access charges. Nothing in the NPRM establishes – or even proposes – that the rules ultimately adopted will apply retroactively.” The SD PUC is scheduled to vote on Verizon’s motion at its March 8, 2011 meeting. Docket TC10-096.