Qwest Communications Company, LLC v. Budget Prepay, Inc. d/b/a Budget Phone, and Budget Phone, Inc., FCC File No. EB-08-MD-012
Apr 30, 2013OUTCOME: Henry's client, Budget Prepay, Inc. entirely prevailed. Qwest's claims were dismissed in part and otherwise denied.
A formal complaint filed by Qwest Communications against Budget Prepay, Inc. under Section 208 of the Communications Act of 1934. Qwest alleged that Budget violated Sections 201(b) and 203(c) of the ... Act by imposing excessive interstate access service charges on Qwest for toll-free traffic. The FCC held that Qwest’s claims were barred by the applicable statute of limitations for the initial period at issue when Budget did not have a federal access services tariff on file. For the remaining period at issue when Budget did have a federal tariff, Qwest failed to prove that Budget’s access charges violated its tariff and, therefore, did not establish that Budget violated Sections 201(b) or 203(c) of the Act.
