Northwest Public Communications Council v. Qwest Corp.

MEMORANDUM

Plaintiffs-Appellants Northwest Public Communications Council, along with numerous other groups (collectively, NPCC), appeal the dismissal of their federal claims as barred by the relevant statute of limitations. We review de novo, Geweke Ford v. St Joseph’s Omni Preferred Care, Inc., 130 F.3d 1355 , 1357 (9th Cir.1997), and affirm.

In this context, an action to recover damages must be brought within two years of accrual, and an action to enforce an FCC order for payment must be brought within one year of the order. 47 U.S.C. § 415 (b), (f).

In Davel Commc’ns, Inc. v. Qwest Corp., 460 F.3d 1075 (9th Cir.2006), this court addressed the operation of § 415’s time bar. The Davel court, agreeing with the D.C. Circuit, found Davel was on inquiry notice of its claims against Qwest beginning on the deadline by which Qwest failed to file fraud protection rates. Id. at 1091-92 (citing Sprint Commc’ns Co. v. F.C.C., 76 F.3d 1221 (D.C.Cir.1996)). The Davel court explained:

Id. at 1092 (emphasis added).

Here, NPCC’s filing of the “Rate Case” in 2001 is the most obvious example that NPCC was on notice of its claims against Qwest. The district court correctly found this date…