Core Not Permitted to Recover ‘Any Additional Charges’ From AT&T, Says Reply
Core Communications’ brief in opposition to AT&T’s motion for summary judgment (see 2307170030) doesn’t dispute “any material facts,” said AT&T’s reply Friday (docket 2:21-cv-02771) in U.S. District Court for Eastern Pennsylvania in Philadelphia in support of its motion. “As to…
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the legal issues, Core’s brief does more to obfuscate the law than to articulate any valid defenses,” it said. Core seeks to recover $11.4 million in unpaid access service charges from AT&T, which refuses to pay, claiming nearly 100% of the calls that CoreTel affiliates in Delaware, New Jersey, Virginia and West Virginia connected were fraudulent (see 2212280001). Core hopes to defeat summary judgment by persuading the court that a “morass” of FCC “technical precedents” supports its purported right to collect from AT&T and that AT&T is trying to “invalidate its tariff,” said AT&T’s reply. That’s “not the case,” it said. The “straightforward” task before the court is to “construe the plain language of Core’s tariff and an FCC rule against the undisputed facts,” it said: “The clear result is that Core simply is not permitted by its own tariff and the rule to recover any additional charges from AT&T.”