OH Bell Tel. Co. v. Pub. Utils Comm'n of OH, No. 12-3145 (6th Cir. 2013)Annotate this Case
AT&T and Intrado, rival telecommunications carriers, submitted to an arbitration conducted by the Public Utilities Commission of Ohio to determine how to interconnect their networks to service 9-1-1 calls. AT&T insisted that all points of interconnection be on its network, relying on the Telecommunications Act of 1996, 47 U.S.C 251(c), a provision only applicable to incumbent carriers like AT&T. The Commission rejected this request, relied on the general provisions of Section 251(a), and ordered the carriers to establish interconnection points on both AT&T’s and Intrado’s networks. The district court and Sixth Circuit affirmed, rejecting an argument that the Commission exceeded its arbitral authority by applying Section 251(a) because Intrado had petitioned for interconnection only under Section 251(c). The Commission properly interpreted an incumbent carrier’s interconnection duties under the Act.