The Personal Communications Industry Association supported Cook Telecom Inc. in its continuing battle for interconnection rights and termination compensation from Pacific Bell Inc.
Cook Telecom is a one-way paging carrier in California that has been in a legal duel with Pacific Bell ever since the California Public Utility Commission arbitrated a decision allowing Cook interconnection rights and termination compensation.
Pac Bell has appealed the decision at every step, first to the CPUC, then to the U.S. District Court for the Northern District of California. Each appeal has been denied and the matter is now before the U.S. 9th District Court of Appeals.
Attorney’s for Cook Telecom requested Paging Network Inc. and PCIA be allowed to file amicus curie briefs, meaning “friend of the court.” These briefs basically provide background information on the issue.
In the brief, PCIA argues that the 1996 telecom act ensures paging carriers interconnection rights to local exchange carriers. The organization also disputes claims by Pac Bell and other LECs that paging compensation is unfounded, that traffic flow or payments must be reciprocal, that paging carriers do not switch or terminate traffic and that allowing compensation for LEC-originated traffic amounts to unconstitutional taking of property.
“Pac Bell, and its supporters, seek to deny paging carriers any entitlement to compensation for carrying LEC traffic,” the brief reads. “This effort must fail. The language of the 1996 act, its legislative history, binding ruling of the (Federal Communications Commission) and sound telecommunications policy considerations all compel the conclusion that paging carriers are legally entitled to be paid for delivering local telecommunications traffic originating on the LEC network.”
