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Puerto Rico Telephone Company, Inc v. T-Mobile Puerto Rico LLC

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Before Lynch, Chief Judge, Torruella and Lipez, Circuit Judges.

This case arises out of a dispute regarding the applicable billing rate for T-Mobile Puerto Rico LLC’s use of certain services provided by Puerto Rico Telephone Company, Inc. (PRTC), an incumbent local exchange carrier (ILEC). It requires us to address several issues under the Telecommunications Act of 1996 (TCA), including what is meant by the term “discrimination.”

PRTC and T-Mobile entered into an interconnection agreement (ICA), pursuant to the TCA, in 1999, and into a second agreement in 2001. These agreements provided that certain “intrastate access” services would be billed at a rate contained in PRTC’s federal tariff filed with the Federal Communications Commission (FCC). T-Mobile was billed at this rate until 2002, when PRTC announced its view that this billing rate was in error, the disputed services were not covered under the ICA, and the applicable billing rate was a higher rate found in PRTC’s local tariff. T-Mobile disagreed. Roughly $2 million is at issue.

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