Background

Complainant and defendant are competitive local exchange carriers (CLECs) licensed to do business in the state of California. The parties do not directly interconnect but exchange traffic with one another via transport services provided by Pacific Bell Telephone Company (Pacific Bell), which is not a party to this proceeding. When Pac-West terminates a call originated by a Telscape customer, it generates an invoice charging Telscape for terminating the call. Pac-West calculates the call termination fee owing with respect to any terminated call by applying its local tariff.

For at least the three years preceding the filing of the complaint in this matter, Telscape has declined to pay the call termination fees invoiced to it by Pac-West. Telescape asserts that all or nearly all the calls terminated by Pac-West for Telscape were not subject to Pac-West's local tariff.

An evidentiary hearing was held on April 28, 2008. Opening briefs were filed on May 26, 2008 and reply briefs were filed on June 10, 2008.