Transcom Sues Third State Commission
The former affiliate of a now-liquidated carrier brought lawsuits to a third state this week. Transcom Enhanced Services sued the Wisconsin Public Service Commission, AT&T Wisconsin, TDS Telecom and another 54 defendants. Transcom filed the complaints Monday in U.S. District Court in Madison. It’s brought similar complaints to courts in Tennessee, filed in July, and in Georgia, this month (CD Oct 15 p9).
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"The necessary and proper conclusion by the Commission that Transcom is indeed an ESP [enhanced service provider] would have turned the Commission’s ultimate ruling that Halo is liable to AT&T Wisconsin for access charges on its head,” Transcom said.
Transcom alleges the state commissions overreached their authority in issuing earlier rulings against Halo Wireless and Transcom. As in other states, Transcom seeks “damages and other specified relief against each of the LEC Defendants (but not the Commission Defendants)” in Wisconsin, court documents this week said.
"Our view is resolute,” TDS Vice President-External Affairs and Corporate Communications Andrew Petersen said by email. “Transcom is not an ESP, the commission(s) maintain authority to act or investigate, and compensation is due. All of our commissions acted in the best interest of our customers. We sincerely hope legal authority will prevail over legal delay.” AT&T and Transcom declined comment. The court papers hadn’t yet reached the Wisconsin PSC Tuesday, which declined to comment for that reason.
Although Halo faced “seventy-nine competitors in twenty parallel suits in ten jurisdictions across the country” over allegations of unpaid access charges as part of an interconnection agreement with AT&T, Transcom was “only involved as a party” in these three states where court challenges have been filed, the Wisconsin court documents said. The Wisconsin PSC first ruled against Halo and Transcom July 27 (CD July 30 p5) and clarified the order’s language Sept. 27.