The U.S. Appeals Court, D.C., said Fri. it was ‘befuddled’ by an ...
The U.S. Appeals Court, D.C., said Fri. it was “befuddled” by an FCC order allowing Qwest to charge toll fees to a paging company, so it remanded the case. At issue was an FCC decision dismissing Mountain Communications’ complaint…
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against Qwest for charging toll fees for the paging company’s calls that originated and terminated in the same calling area but were routed through a point of interconnection (POI) in another local area. The court, in an opinion written by Judge Laurence Silberman, said the FCC had taken what appeared to be the opposite position in a similar case, TRS Wireless v. U S West. Silberman wrote that, in the TRS case, the FCC “rejected a similar effort on the part of [an] LEC to charge a paging carrier for transmitting calls to the paging carrier’s POI, where the POI and the caller are in the same LATA but different local calling areas.” Although the FCC had made a distinction between the 2 cases, the court said “we are befuddled at the Commission’s efforts to explain away its TRS decision; the facts seem -- and are conceded to be -- identical, but the results are opposite.” Judges David Sentelle and Merrick Garland also were on the panel.