Parties' Contentions

Pac-West alleges that Pacific overcharges it for 1.544Mbps/DS-1 circuits, special access circuits used to connect Pac-West switch locations with other Pac-West and Pacific facilities in order to provide competitive telecommunications services. Since April 2001, Pacific has refused to charge Pac-West the TMEPS rate and instead has charged the higher TMECS rate. Pac-West requests a refund of and credit for the excess charges and an order directing Pacific to correctly charge Pac-West for special access circuits.

Pacific contends that the TMECS rate is the applicable rate for the 1.544Mbps/DS-1 circuits ordered by Pac-West. Pacific contends that the tariff rates apply to the termination location and denies that Pac-West's circuits terminate at locations that are entitled to the TMEPS rate. Pacific states Pac-West is not entitled to the requested relief.