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United States First Circuit


Puerto Rico Telephone Co. v. Telecomms. Regulatory Bd. of Puerto Rico, 10-1091

In an action by telecommunications companies against the Telecommunications Regulatory Board of Puerto Rico, alleging violations of federal and commonwealth law in connection with the arbitration and approval of the companies' interconnection agreements, district court's opinion and orders are affirmed in part and reversed in part where: 1) neither Puerto Rico nor federal law cabin the Board's authority as narrowly as PRTC contends; 2) the Board possesses the power under Puerto Rico law to impose liquidated damages clauses in telecommunications interconnection agreements; 3) federal law does not prevent the Board from regulating potentially anti-competitive behavior associated with transiting fees charged by incumbent local exchange carriers; and 4) the Board's reluctance to enumerate VOIP calls separately was supported by a consideration of relevant factors and possessed a rational basis.

Appellate Information

  • Decided 02/08/2011
  • Published 02/08/2011

Judges

  • RIPPLE

Court

  • United States First Circuit

Counsel

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