Verizon Northwest Inc. v. Worldcom, Inc.

MEMORANDUM *

Plaintiff Verizon Northwest, Inc. (“Verizon”), an incumbent local exchange carrier (“ILEC”), appeals from the district court’s summary judgment upholding a decision by the Washington Utilities and Transportation Commission (“WUTC”). The WUTC interpreted and approved Verizon’s interconnection agreement (“the Agreement”) with its competitor WorldCom, Inc. (‘WorldCom”), a competitive local exchange carrier (“CLEC”). The parties negotiated the Agreement pursuant to the Telecommunications Act of 1996 (“The Act”), Pub.L. 104-104, 110 Stat. 56 (codified in part at 47 U.S.C. §§ 251-261 ). The WUTC also assessed $66,000 in penalties against Verizon because it found that Verizon violated state law by withholding payment under the Agreement. WorldCom and the WUTC (“Appellees”) challenge our jurisdiction over the appeal.

We affirm the district court’s summary judgment ruling upholding the WUTC’s *391 interpretation of the Agreement requiring reciprocal compensation for ISP-bound traffic and requiring Verizon to continue paying reciprocal compensation for local calls beyond the two year expiration date. However, we conclude that the WUTC’s decision to impose penalties against…