• On September 15, 2011, CommPartners and Paetec, principal parties to the Court of Appeals for the DC Circuit over whether access charges apply to VoIP-originated traffic, jointly moved the appeals court to lift the automatic stay that was triggered when CommPartners filed bankruptcy in 2010. With the permission of the Nevada bankruptcy court, the parties seek to lift the stay and proceed to briefing the issue of whether the federal district court in D.C. correctly decided that the reciprocal compensation regime, rather than the access charge regime, provides the proper statutory framework for seeking intercarrier compensation on VoIP-originated traffic. Paetec Commc'ns, Inc. v. CommPartners, LLC, No. 10-8002 (D.C. Cir.).
  • On September 8, 2011, the United States District Court for the Western District of Kentucky sided again with the Kentucky Commercial Mobile Radio Service Emergency Telecommunications Board (Board) by endorsing the Board’s method of calculating 911 fees owed by prepaid wireless carrier TracFone. The court rejected TracFone’s request to use a calculation methodology adopted in 2006 for fees incurred before that date. As a result, TracFone must pay approximately $4.7 million in unpaid charges, plus another approximately $450,000 in attorneys' fees and costs. Commonwealth of Kentucky Commercial Mobile Radio Service Emergency Telecommunications Board v. TracFone Wireless, Inc., No 3:08-cv-660 (W.D. Ky.).