• On May 2, 2012, T-Mobile Puerto Rico persuaded the U.S. Court of Appeals for the First Circuit to reinstate a Puerto Rico Telecommunications Regulatory Board order finding that T-Mobile’s exchange of certain traffic with the incumbent Puerto Rico Telephone Company (PRTC) was governed by the parties’ interconnection agreement (ICA) rather than PRTC’s local tariff. The price difference was approximately $2 million. Despite charging T-Mobile at the ICA rate for several years, PRTC began charging at its local tariffed rate when it realized that T-Mobile was not meeting the 10% interstate threshold that would entitle it to ICA prices. The appeals court rejected the district court’s holding that giving T-Mobile the ICA rate would be discriminatory, reasoning that “had another carrier sought to connect on the same terms as provided under the ICA at issue here, such connection and terms would have been generally available.” The court of appeals also rejected the 10% interstate argument, concluding that “Federal law does not prevent the parties to an ICA from agreeing to provide a service with reference to the rate provided in the federal tariff where the special access service is intrastate in nature.” The court remanded the case to the district court to enter judgment in T-Mobile’s favor. Puerto Rico Tel. Co., Inc. v. T-Mobile Puerto Rico LLC, No. 11-1504 (1st Cir. May 2, 2012).