Why One Pennsylvania County Is Suing 19 Telecommunications Carriers

Delaware County (PA) officials and a state representative disagree about a key piece of state legislation that may play a crucial role in a lawsuit filed by the county. On June 2, county officials publicly announced a $41.4 million lawsuit against 19 telecommunication carriers, alleging that the providers violated state law by undercharging customers -- particularly medium-size to large businesses -- for the number of phone lines they operate. The under-billings are significant, the county alleges, because 911 fees -- charged to customers as $1 per month on every line they operate -- are not collected and remitted to fund the county's emergency services. But as threats of a lawsuit have emerged in recent weeks, state law has come into play: Discounts are provided on a sliding scale to businesses that operate multiple lines with voice-over-IP capabilities, defined as telephone services that require the use of the Internet.

State Rep. Steve Barrar (R- Delaware), the lead sponsor on a bill to modernize Pennsylvania's 911 system, maintained again that the discounts stipulated in the law are relevant. "I don't see that [the discounts] aren't applicable here," State Rep Barrar said. "The state law says they are." But county officials and experts involved in the suit said that the discounts do not apply. When businesses are undercharged from the onset -- for example, if a business with hundreds of lines is only charged for three -- the business would not qualify for the discount, said lawyer Joshua Wolson of Dilworth Paxson, who filed the suit.