June 29, 2005
D.C. Circuit agrees with Willkie’s argument that the Telecommunications Act of 1996 did not create a private right of action for payphone service providers to sue inter-exchange carriers over payphone compensation disputes.
On June 28, Willkie won a significant ruling before the U.S. Court of Appeals for the D.C. Circuit on behalf of Sprint Communications Co., AT&T, and other inter-exchange carriers ("IXCs"). The Court agreed with Willkie’s argument that the Telecommunications Act of 1996 did not create a private right of action for payphone service providers ("PSPs") to sue IXCs over payphone compensation disputes. The Court also ruled that such claims could not be brought under other provisions of the Act. The cases involve hundreds of millions of dollars in disputed payphone compensation claims. Sprint requested and obtained interlocutory review of the private right of action question after an adverse ruling by a D.C. district court. The D.C. Circuit reversed and remanded with instructions that the actions against Sprint and AT&T be dismissed. The Federal Communications Commission participated in the appeal as amicus curiae, arguing in support of the private right of action and against the position advocated by Willkie. Partner David Murray of Willkie's Washington office argued the appeal, with the assistance of associates Randy Branitsky and Jamie Abrams.
