FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,759
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Federal Communications Commission
User station loops" and "end user lines." If this exchange of packets over the Internet is a "virtual loop,"
then so too is the entire public switched telephone network - and the term "loop" has lost all meaning.
45. For all of these reasons, we find that YMax's construction of the terms "termination" of
"station loops" and "end user lines" is contrary to the common meaning of these terms in the
telecommunications industry. Further, even if YMax's construction of these terms were plausible - and
it is not - it would, at best, merely show that their meaning is ambiguous and, as noted above, we would
be bound to resolve the ambiguities against YMax, the drafter.' 8 Accordingly, we conclude that the
Tariff does not authorize YMax to assess End Office Switching charges for the calls at issue.
b. Switched Transport
46. For similar reasons, we find that YMax's Switched Transport charges to AT&T also
violate the Tariff. The Tariff provides that these charges apply when an IXC's traffic "to and from an
End Office" is routed "via an Access Tandem."'29 Thus, YMax does not provide Switched Transport
unless it operates an End Office.
47. As described above, the Tariff defines an "End Office" as the "Central Office from which
the End User's Premises would normally obtain local exchange service,"'30 and a "Central Office" as the
premises of a local exchange carrier "where Customer or End User station loops are terminated."'" As
shown above, YMax does not operate any End Offices under the Tariff because YMax operates no
premises where "End User station loops" are terminated.'32 YMax's Switched Transport charges
therefore are not authorized by the Tariff.
B. YMax's Affirmative Defenses Lack Merit
48. YMax asserts that we should dismiss the Complaint without prejudice to sanction AT&T
for allegedly violating section 207 of the Act.'33 In YMax's view, AT&T violated section 207 by first
filing its claims here and then later filing substantially similar counterclaims in federal court in response
to YMax's action to collect unpaid charges.34 YMax argues that, although the claims were filed here first
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could probably do that, too.").
s2 See note 104 supra.
'29 Tariff 3.2.5(A), Original Page No. 46; id at 3.3.1, Original Page No. 47; Answer Legal Analysis at 43.
'30o Tariff I, Original Page No. 10.
' Tariff 1. Original Page No. 8.
132 See Part IIl.A.2.a supra.
133 47 U.S.C 207 ("Any person claiming to be damaged by any common carrier subject to the provisions of this
Act may either make complaint to the Commission ... or may bring suit ... in any district court of the United States
of competent jurisdiction; but such person shall not have the right to pursue both such remedies."). See Answer at
41; Answer Legal Analysis at 7-9.
134 See YAIAX Communications Corp. v. A T& T Corp.. and BellSouth Long Distance, Inc., Complaint, Case No.
4:10-cv-041 I15-DMR (N.D. Cal. filed Sep. 14, 2010); YMIY Communications Corp. v. AT&T Corp., and BellSouth
Long Distance, hIc., Answer and Counterclaims of AT&T Corp. and BellSouth Long Distance, Inc., Case No. 4:10-
cv-041 15-DMR (N.D. Cal. filed Oct. 26, 2010). YMax also asserts that the Complaint should be dismissed because
AT&T has not paid YMax's bills. Answer at 41; Answer Legal Analysis at 4-7. Even assuming, arguendo, that
such an "unclean hands" defense could apply in this context, YMax's assertion lacks merit. YMax's Tariff
expressly contemplates that a customer may withhold payment of disputed charges while YMax pursues resolution,
which, as discussed above, YMax has done by filing a collection action in federal court. See TarifftT 2.10.4, Second
Revised Page No. 32. Thus, YMax has not experienced any inequitable conduct warranting dismissal of the
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/931/: accessed November 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.