Minnesota Independent Equal Access Corporation v. Sprint Communications Company, L.P.

Justia Dockets & Filings Eighth Circuit Minnesota District Court Minnesota Independent Equal Access Corporation v. Sprint Communications Company, L.P.

Minnesota Independent Equal Access Corporation v. Sprint Communications Company, L.P.

Plaintiff:	Minnesota Independent Equal Access Corporation
Defendant:	Sprint Communications Company, L.P.
Case Number:	0:2010cv02550
Filed:	June 21, 2010
Court:	US District Court for the District of Minnesota
Office:	DMN Office
County:	Hennepin
Presiding Judge:	Richard H. Kyle
Presiding Judge:	Franklin L. Noel
Nature of Suit:	Other Statutory Actions
Cause of Action:	47 U.S.C. § 151
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 15, 2011	Filing 97 MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant's Amended Motion for Stay 56 is GRANTED. 2. This action is STAYED pending (i) resolution of the dispute by agreement of the parties; (ii) a decision on the disputed issues by th e FCC pursuant to the referral described below; or (iii) further order of the Court. 3. This matter is referred to the FCC for resolution, to the extent the FCCs jurisdiction permits, of the following issues: a. Whether, under the facts of the pre sent dispute between MIEAC and Sprint, MIEAC is entitled to collect interstate CEA switched access charges it has billed or continues to bill Sprint under MIEAC's FCC Tariff for calls Sprint's subscribers place to Tekstar CCC customers. b. In the event the services provided by MIEAC to Sprint do not qualify as CEA switched access service under MIEAC's FCC Tariff, a determination of the proper classification of these services and whether such services are subject to federal tarif fing requirements. c. In the event the services provided by MIEAC to Sprint are not subject to tariffing requirements, whether MIEAC must comply with the tariffing requirements, whether MIEAC is entitled to compensation under federal telecommunicat ions law and, if so, at what level. 4. MIEAC shall contact the Market Disputes Resolution Division of the FCC to obtain guidance regarding the appropriate method for bringing this matter before the FCC. MIEAC shall initiate proceedings as recommen ded by the Market Disputes Resolution Division within 30 days of the date of this Order. MIEAC is directed to furnish the FCC with a copy of this Order as part of its submission. 5. The parties shall submit a joint report to the Court every three months describing the status of the proceedings before the FCC, the first of which shall be filed no later than three months from the date of this Order. 6. Plaintiff's Amended Motion to Dismiss Counterclaim 58 is DENIED WITHOUT PREJUDICE. P laintiff may renew its motion when the stay of litigation has ended. 7. Plaintiff's Motion for Partial Summary Judgment 63 is DENIED WITHOUT PREJUDICE. Plaintiff may renew its motion when the stay of litigation has ended. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/15/11. (GRR)

Date Filed

Document Text

August 15, 2011

Filing 97 MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant's Amended Motion for Stay 56 is GRANTED. 2. This action is STAYED pending (i) resolution of the dispute by agreement of the parties; (ii) a decision on the disputed issues by th e FCC pursuant to the referral described below; or (iii) further order of the Court. 3. This matter is referred to the FCC for resolution, to the extent the FCCs jurisdiction permits, of the following issues: a. Whether, under the facts of the pre sent dispute between MIEAC and Sprint, MIEAC is entitled to collect interstate CEA switched access charges it has billed or continues to bill Sprint under MIEAC's FCC Tariff for calls Sprint's subscribers place to Tekstar CCC customers. b. In the event the services provided by MIEAC to Sprint do not qualify as CEA switched access service under MIEAC's FCC Tariff, a determination of the proper classification of these services and whether such services are subject to federal tarif fing requirements. c. In the event the services provided by MIEAC to Sprint are not subject to tariffing requirements, whether MIEAC must comply with the tariffing requirements, whether MIEAC is entitled to compensation under federal telecommunicat ions law and, if so, at what level. 4. MIEAC shall contact the Market Disputes Resolution Division of the FCC to obtain guidance regarding the appropriate method for bringing this matter before the FCC. MIEAC shall initiate proceedings as recommen ded by the Market Disputes Resolution Division within 30 days of the date of this Order. MIEAC is directed to furnish the FCC with a copy of this Order as part of its submission. 5. The parties shall submit a joint report to the Court every three months describing the status of the proceedings before the FCC, the first of which shall be filed no later than three months from the date of this Order. 6. Plaintiff's Amended Motion to Dismiss Counterclaim 58 is DENIED WITHOUT PREJUDICE. P laintiff may renew its motion when the stay of litigation has ended. 7. Plaintiff's Motion for Partial Summary Judgment 63 is DENIED WITHOUT PREJUDICE. Plaintiff may renew its motion when the stay of litigation has ended. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/15/11. (GRR)

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Plaintiff: Minnesota Independent Equal Access Corporation
Represented By:	Jacob-NA S. Farber
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Defendant: Sprint Communications Company, L.P.
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