Strategy - Diligence - Results

In August 2006, Field Law Group filed a complaint against AT&T Michigan on behalf of CMC Telecom and other parties.   Under federal law, AT&T Michigan was required to make available the same telecommunications services it was offering to its own retail customers, to competitive providers at wholesale rates.   However, AT&T negotiated individual contracts with many of its business customers.   These  individual customer contracts typically contained better retail pricing than what AT&T otherwise made generally available.   CMC Telecom and its co-plaintiffs claimed that AT&T was not making available to them the opportunity to resell the favorably-priced retail services that AT&T was providing  to several of its own customers via such individually negotiated contracts.

In 2007, the Michigan Public Service Commission (“MPSC”) declined to rule that AT&T’s  actions violated federal law.   CMC appealed to the Federal District Court in the Western District of Michigan.  The District Court affirmed the MPSC’s ruling.   However, Field Law Group, representing CMC Telecom, pursued a further appeal to the Sixth Circuit Court of Appeal.   The Sixth Circuit reversed the MPSC and the U.S. District Court on March 8, 2011, finding that AT&T’s failure to offer the individually-priced services to CMC at wholesale for resale purposes violated federal law.   The Sixth Circuit’s Decision can be viewed at: http://www.sixthcircuitappellateblog.com/CMC%20Telecom%20v%20%20MI%20Bell%20Telephone%20Co.pdf

The Sixth Circuit remanded the case to the U.S. District Court, where it remains pending.

On October 4, 2011, the MPSC modified its 2007 Order and entered a revised Order, consistent with the Sixth Circuit’s decision, requiring AT&T to offer its individually-priced contracts to competitive providers for resale.  The MPSC’ order can be viewed at:       http://efile.mpsc.state.mi.us/efile/docs/14975/0102.pdf