Cbeyond Communications, LLC v. Sheahan

Dist. Ct. did not err in granting judgment in favor of defendant-telecommunication service provider in action alleging that defendant’s practice in charging plaintiff-local telecommunications provider separate price for “Clear Channel Capability” (CCC) when leasing new circuits to plaintiff violated federal law requiring that defendant allow plaintiff to use defendant’s existing phone lines on favorable price terms to send data from plaintiff’s customers. Applicable contract between parties allowed defendant to charge separate price for CCC that was built into leased circuits, and plaintiff could not use instant lawsuit to essentially re-write said contract. Fact that CCC might have been available at only minimal cost to defendant did not require different result.