United States First Circuit

In a challenge to the Telecommunications Regulatory Board of Puerto Rico's set terms for an interconnection agreement between the local incumbent telephone carrier and a new entry into the market, motion to dismiss the appeals for lack of subject matter jurisdiction is denied, the order of the district court that the Board had authority to impose service requirements superior to existing standards upon the local incumbent is affirmed, and the matter is remanded to Board in order to determine whether incentive payments in the form of liquidated damages for the new entry are inconsistent with regulatory policy.

Appellate Information

• Decided 05/11/2007
• Published 05/11/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LIPEZ, Circuit Judge, and SHADUR, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joshua S. Turner with whom John E. Barry, John W. Kuzin, Wiley Rein & Fielding LLP, Ricardo L. Ortiz-Colón, Luis A. Oliver and Fiddler, González & Rodríguez, P.S.C. were on brief for Puerto Rico Telephone Company., Robert F. Reklaitis with whom Leslie Paul Machado was on consolidated brief for Telecommunications Regulatory Board of Puerto Rico and Its Individual Members on liquidated damages issue., Robert F. Reklaitis with whom Leslie Paul Machado was on consolidated brief for Telecommunications Regulatory Board of Puerto Rico and Its Individual Members on performance standards issue., R. Bruce Beckner with whom Fleischman and Walsh, L.L.P., Frank A. Rullán and GrayRobinson, P.A. were on consolidated brief for WorldNet Communications, Inc.