United States First Circuit

In a suit concerning an agency's interpretation of an interconnection agreement between telecommunications companies regarding reciprocal compensation for terminating calls used to establish a dial-up Internet connection, summary judgment for defendants is affirmed where: 1) an FCC ruling denying such reciprocal compensation was binding by the terms of the interconnection agreement, despite the fact that the ruling was later vacated; and 2) the agency's decision fit with the terms of the agreement and no interpretation offered by plaintiff was more obviously correct.

Appellate Information

• Decided 10/16/2007
• Published 10/16/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Glenn B. Manishin with whom William J. Rooney and Jeffrey C. Melick were on brief for appellant.


• For Appellees:
  
• Scott H. Angstreich with whom Michael E. Joffre, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Bruce P. Beausejour, Verizon New England, Inc., and Keefe B. Clemons, Verizon, were on brief for appellee Verizon New England, Inc., Daniel J. Hammond, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for appellee Massachusetts Department of Telecommunications and Energy.