Ton Services, Inc. v. Qwest Corp.

MURPHY, Circuit Judge.

I. INTRODUCTION

The current action is one of a number of pending judicial and administrative actions raising the question whether incumbent local exchange carriers (“LECs”) generally, and the former Bell Operating Companies (“BOCs”) in particular, are required to provide refunds to independent payphone service providers (“PSPs”) for noncompliance with the anti-discrimination and anti-subsidization requirements in 47 U.S.C. § 276(a) and Federal Communication Commission (“FCC” or “Commission”) orders implementing § 276. 1

Plaintiff TON Services, Inc. (“TON”) is a Utah-based…