Kan. Supreme Court ruled that FCC’s slamming rules didn’t preempt...
Kan. Supreme Court ruled that FCC’s slamming rules didn’t preempt state’s antislamming laws. State’s top court affirmed lower court decision upholding Oct. 1999 slamming conviction of Frontier Communications under provisions of state law. Case involved unauthorized switch of Frontier…
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local exchange customer from Southwestern Bell toll service to that of switchless reseller International Exchange Communications. Customer filed complaint against Frontier alleging telco had submitted change order without verifying its legitimacy. Frontier argued that it merely was intermediary that had no authority to verify change orders under FCC rules, but court disagreed, saying that under state law, Frontier fit definition of “submitting carrier” with responsibility for verifying changes. Court said nothing in FCC rules would compel state to absolve Frontier of its verification responsibility under state law. Court also rejected Frontier’s argument that state law and FCC rules were in conflict, saying Frontier had misinterpreted FCC rules and would have borne verification responsibility under federal rules as well.