• On February 25, 2013, Comcast Phone of California, LLC filed a motion with the California Public Utilities Commission (CPUC) requesting an order to require Pac-West Telecomm, Inc. to refund $632,667 in payments from Comcast associated with terminating ISP-bound traffic. In 2008, the CPUC ordered Comcast to pay Pac-West approximately $1 million in access charges for ISP-bound traffic. In 2011, however, the Ninth Circuit Court of Appeal overturned the CPUC’s similar decision that AT&T Communications of California, Inc. must pay Pac-West approximately $10 million for the same type of traffic. There, the Ninth Circuit held that the FCC ISP Remand Order governs all ISP-bound traffic and therefore the traffic was compensable only at $0.0007 per minute, and not pursuant to the terms of Pac-West’s tariffs. In October 2012, the CPUC reversed its prior decision ordering Comcast to pay Pac-West and held that Comcast’s dispute with Pac-West was “legally indistinguishable” from the Ninth Circuit case, and does not contain any exception for so-called “VNXX” ISP-bound traffic. The CPUC ordered Pac-West to pay Comcast a total of $379,446.43, less $0.0007 per minute of use for all ISP-bound traffic originated by Comcast and terminated by Pac-West during the period April 4, 2004 through August 27, 2007. Comcast is now moving the CPUC to order Pac-West to refund the additional $632,667, which it claims represents the overpayments it made for the VNXX ISP-bound traffic from August 28, 2007 to the present. Docket No. 07-09-010.