FCC Grants Sprint Motion to Dismiss Complaint in North County Access Fee Dispute
The FCC granted a Sprint motion to dismiss with prejudice its complaint against CLEC North County Communications that had effectuated a primary jurisdiction referral from the U.S. District Court for Southern California. Sprint's motion said it "had obtained a final…
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judgment against North County in the Court and all appeals were exhausted," said the Enforcement Bureau order Thursday in proceeding 14-223. The bureau noted North County opposed the motion, arguing the court had referred its access-charge claims against Sprint to the commission, which Sprint's complaint effectuated. Staff noted North County has no proceeding of its own before the FCC and intends to renew its claims against Sprint in court after the agency's determination, but Sprint now argues the "underlying case is over" and the FCC lacks jurisdiction. "In light of Sprint’s position, we see no reason for the Commission -- or the parties -- to continue to expend resources resolving the Complaint," said the bureau: "If North County disagrees with Sprint’s position, its recourse is to raise the issue with the Court." North County is evaluating its options, outside counsel Dale Dixon told us. The "conundrum" is neither the court nor the FCC wants to decide some claims against Sprint for payment of call termination charges dating to 2009, he said.