• On September 16, 2010, Verizon New York, Inc. filed petitions to reject access tariffs filed by XYN Communications of New York, LLC and Integrated Path Communications, LLC with the New York Public Service Commission (NY PSC). Verizon asserted that Integrated’s proposed switched access rates, which contain elements rated at $0.05 per minute, violate the NY PSC’s benchmarking regulations that prohibit a LEC from imposing higher access rates than the largest LEC in a particular LATA. In a separate petition, Verizon challenged the XYN tariff on the ground that its rate of $0.0055 per database query for toll-free calls is higher than Verizon’s rates that range between $0.0042 and $0.0093. Verizon argued that “[t]he manner in which XYN intends to apply its 0.55 cent rate is unclear.... If the rate applies only to a single query, as suggested by the wording of the tariff, then the rate would be higher than Verizon’s query rate, and would be unlawful under the commission’s orders.” Docket Nos. 10-01522 and 10-01509.
  • On September 14, 2010, Sully Telephone Association, an Iowa LEC, filed suit against Sprint Communications Company, L.P. in the US District Court for the Southern District of Iowa. Sully alleges that Sprint has refused to pay terminating access charges and is currently delinquent in an amount in excess of $750,000. Sully’s complaint contains six counts, including breach of its federal access tariff, violations of Sections 201 and 203 of the Communications Act, and claims based on unjust enrichment, quantum meruit, and conversion. Sully Telephone Association, Inc., v. Sprint Communications Company, L.P., 4:10-cv-00428-JEG-TJS (S.D. Iowa).