CGM, LLC v. BellSouth Telecommunication, et al., No. 10-1693 (4th Cir. 2011)
Annotate this CaseCGM, a billing agent for competitive local exchange carriers (competitive LECs), brought a declaratory judgment action against BellSouth, an incumbent local exchange carrier (incumbent LEC). CGM claimed that BellSouth offered long-term promotional discounts to its own customers but failed, in violation of the Telecommunications Act of 1996, 47 U.S.C. 251(c)(2), 251(c)(4), and rules implementing it, to pass the full value of those discounts on to CGM's client competitive LECs, none of which was a party to the suit. Because CGM had no statutory standing under either the 1996 Act or a seemingly broadly worded but nonetheless inapplicable statute from the Federal Telecommunications Act of 1934, 47 U.S.C. 401(b), the court affirmed the district court's dismissal of CGM's complaint.
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