North County Communications Corp. v. Verizon Global Networks, Inc.

ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM

Before this Court is Plaintiff North County Communications Corporation’s (“North County’s”) Motion to Dismiss (“Motion”) the First Amended Counter claim by Defendants Verizon Global Networks, Inc., MCI Communications Services, Inc., dba Verizon Business, and MCIMetro Access Transmission Services LLC (collectively, “Verizon”). For the reasons set forth below, the Motion is DENIED IN PART AND GRANTED IN PART.

BACKGROUND

Switched access charges are charges incurred when a long distance carrier, such as Verizon, uses the local network equipment and facilities of a local telephone company, such as North County, to connect a long distance call. More specifically, switched access charges are incurred when a local exchange carrier (“LEC”) such as North County originates or terminates a call for an interstate exchange carrier (“IXC”) such as Verizon. The underlying action arises from Verizon’s alleged failure to pay switched access charges that North County claims are due and owing pursuant to tariffs, i.e., rate schedules, filed with the Federal Communications Commission (“FCC”) and…