United States DC Circuit
APCC Serv., Inc. v. Sprint Commc'ns Co., 04-7034
On remand from the U.S. Supreme Court, denial of motion to dismiss claims for compensation allegedly owed to payphone service provider and several aggregators under regulation of the FCC is affirmed as a violation of the regulation at issue is a violation of section 201(b) of the Communications Act of 1934, for which a private right of action is authorized by section 207 of the Act, in effect creating a right of action to remedy a violation of the regulation itself.
Appellate Information
- Decided 06/08/2007
- Published 06/08/2007
Judges
- Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- David Paul Murray, Randy J. Branitsky, Willkie Farr & Gallagher LLP, Washington, DC, Appellant.
- For Appellees:
- Albert H. Kramer, Leslie R. Cohen, Leon B. Kellner, Adam Proujansky, Dickstein Shapiro Morin & Oshinsky, Roy T. Englert, Jr., Donald J. Russell, Robbins, Russell, Englert, Orseck & Untereiner, Washington, DC, Michael Walter Ward, Law Office of Michael W. Ward, Buffalo Grove, IL, for Appellees.