Federal appeals court ruled CLECs had right to opt into incumbent...
Federal appeals court ruled CLECs had right to opt into incumbent’s tariff provisions when negotiating interconnection agreements. Ruling by 10th U.S. Appeals Court, Denver, reversed lower court and upheld Colo. PUC arbitration decision that allowed WorldCom and Sprint to…
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opt into any provisions of Qwest’s tariffs in same manner as they could opt into any provisions of negotiated interconnection agreements between Qwest and other CLECs. Qwest appealed that decision and won in federal district court, but appeals panel rejected Qwest’s position that allowing CLECs to opt into tariffs would gut provisions of Secs. 251 and 252 that require negotiation of interconnection agreements and arbitration of impasses. Appeals panel said tariff opt-in of PUC’s order was consistent with competition and didn’t violate Telecom Act or FCC regulations.