CMRS EMERGENCY TELECOMS. BD. v. TRACFONE WIRELESS

Civil Action No. 3:08-CV-660-H.

735 F.Supp.2d 713 (2010)

COMMONWEALTH OF KENTUCKY COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELECOMMUNICATIONS BOARD, Plaintiff v. TRACFONE WIRELESS, INC., Defendant.

United States District Court, W.D. Kentucky, at Louisville.

August 18, 2010.


Attorney(s) appearing for the Case

Jan M. West , Jennifer K. Luhrs , Jonathan D. Goldberg , Goldberg & Simpson, LLC, Louisville, KY, for Plaintiff.

Cory J. Skolnick , Thomas Patrick O'Brien, III , Frost Brown Todd LLC, Louisville, KY, for Defendant.


MEMORANDUM OPINION

JOHN G. HEYBURN, II, District Judge.

In this action, the parties dispute the applicability of a Kentucky statute, and its amendments, requiring mobile phone providers to collect monthly emergency 911 service fees from their customers on behalf of the Commonwealth. Specifically, the parties dispute whether TracFone Wireless, Inc. ("TracFone"), which provides prepaid wireless service primarily through retail stores like Wal-Mart, was required...

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