Apcc Services v. Sprint Communications

Citation489 F.3d 1249
Decision Date08 June 2007
Docket NumberNo. 04-7034.,No. 04-7035.,04-7034.,04-7035.
PartiesAPCC SERVICES, INC., et al., Appellees v. SPRINT COMMUNICATIONS CO., Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

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.

David Paul Murray, Randy J. Branitsky, Willkie Farr & Gallagher LLP, Washington, DC, Appellant.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM.

In APCC Services, Inc. v. Sprint Communications Co., 418 F.3d 1238 (2005) (APCC), we reversed the orders of the district court denying the defendants' motion to dismiss. The Supreme Court granted the plaintiffs' petition for a writ of certiorari to this court, vacated our judgment, and remanded the case for further consideration in light of Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., ___ U.S. ___, 127 S.Ct. 1513, 167 L.Ed.2d 422 (2007). We now affirm the orders of, and remand the case to, the district court.

The facts of this case are set forth in our previous opinion. APCC, 418 F.3d at 1241-42. In brief, APCC et al. are a payphone service provider (PSP) and several "aggregators," intermediaries between PSPs and interexchange carriers (IXCs), that sued several IXCs to obtain compensation they claim the IXCs owe them pursuant to a regulation of the Federal Communications Commission. The IXCs moved to dismiss on the grounds that the aggregators did not have standing to sue and the Communications Act of 1934, 47 U.S.C. § 151 et seq., did not give the plaintiffs a private right of action to recover for a violation of the regulation. The district court denied the motions, concluding the aggregators had standing, APCC Servs., Inc. v. AT & T Corp., 281 F.Supp.2d 41, 45 (2003), and that § 276 of the Act created a private right of action. APCC Servs., Inc. v. Cable & Wireless, Inc., 281 F.Supp.2d 52, 54-57 (2003). The district court also permitted the plaintiffs to amend their complaint to assert that §§ 201(b), 407, and 416(c) of Title 47 provide alternate grounds for relief. Id. at 57-59. This court reversed. The panel determined, over the dissent of Judge Sentelle, that the aggregators had standing to sue and, over the dissent of Chief Judge Ginsburg, that none of the provisions cited gave the plaintiffs a right to sue in federal court; they were remitted to filing a complaint for reparations before the FCC. APCC, 418 F.3d at 1250.

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5 cases
  • Sprint Commc'ns Co. v. APCC Servs., Inc.
    • United States
    • United States Supreme Court
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    ...the assignments were made for ordinary business purposes, any other prudential questions need not be considered here. Pp. 2543 – 2546. 489 F.3d 1249, affirmed. BREYER, J., delivered the opinion of the Court, in which STEVENS, KENNEDY, SOUTER, and GINSBURG, JJ., joined. ROBERTS, C. J., filed......
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    ...the statutory scheme that Congress enacted into law.") Id. (parenthesis omitted). 10. North County cites APCC Servs., Inc. v. Sprint Commc'ns Co., 489 F.3d 1249 (D.C.Cir. 2007). However, in that case, the D.C. Circuit considered whether violations of § 201(b) provide a private right of acti......
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  • Sprint Commc'ns Co. v. APCC Servs., Inc., 07–552.
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    • United States Supreme Court
    • January 4, 2008
    ...petitioners,v.APCC SERVICES, INC., et al.No. 07–552.Supreme Court of the United StatesJan. 4, 2008. OPINION TEXT STARTS HERE Case below, 489 F.3d 1249. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. Brief of petitioners to......
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