A federal appeals court threw an interconnection dispute between ...
A federal appeals court threw an interconnection dispute between Qwest and Western Radio Services back to district court Wednesday. Western disputes a Qwest interconnection agreement written by the Bell after the companies went through arbitration at the Oregon Public…
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Utilities Commission. Western alleged that Qwest failed to negotiate in good faith, as required by the Telecom Act, and that the PUC violated Western’s constitutional rights. A U.S. District Court in Portland, Ore., dismissed the charge against Qwest for lack of jurisdiction and the one against the PUC as unripe for decision. Western appealed to the 9th U.S. Appeals Court in San Francisco. The 9th Circuit vacated and remanded. Western couldn’t sue Qwest alleging bad faith before the PUC handled the charges, the appeals court agreed. But the commission may have done that when, shortly after the district court ruling, it approved the interconnection agreement filed by Qwest, it said. The lower court should consider whether the PUC decision is “sufficient to permit adjudication of Western’s good faith claim in district court,” the 9th Circuit said. The district court should also review whether the commission ruling affects its decision on Western’s charge against the PUC, it said. Qwest and Western Radio Services didn’t comment by our deadline.