Virgin Mobile U.S.A., LP v. Commonwealth

Virgin Mobile USA (Virgin) began doing business in Kentucky as a commercial mobile radio service (CMRS) provider in 2002. In July 2006, the General Assembly amended Ky. Rev. Stat. 65.7629(3), which required Virgin to collect a CMRS service charge from its customers. In 2008, the Commercial Mobile Radio Emergency Service Telecommunications Board (Board) filed suit against Virgin to recover from Virgin all monthly 911 services charges owed by Virgin for commercial mobile radio service (CMRS) connections before July 2006. The circuit court entered summary judgment against Virgin for $547,945, concluding that under the pre-July 2006 version of section 65.7629, Virgin was to collect the CMRS service charges and remit them to the Board. The court of appeals affirmed. The Supreme Court reversed, holding that the CMRS service charge did not apply to Virgin prior to the July 2006 amendment. View "Virgin Mobile U.S.A., LP v. Commonwealth" on Justia Law