United States Fifth Circuit

Summary judgment for utilities commission and telecommunications company is affirmed where a unilateral change by the commission that redefined existing terms of an interconnection agreement between telecommunications companies was not arbitrary or capricious since the language of the Telecommunications Act, the FCC's recognition of the commission's role in maintaining an open market, and the commission's past practices all supported the action.

Appellate Information

• Decided 10/04/2006
• Published 10/04/2006

Judges

• CARL E. STEWART, Circuit Judge:, Before KING, STEWART and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Geoffrey Morris Klineberg (argued), Kellogg, Huber, Hansen, Todd & Evans, Washington, DC, Cynthia Faught Malone, SBC Communications, Inc., San Antonio, TX, Thomas J. Horn, SBC Communications, Robert J. Hearon, Jr., Graves, Dougherty, Hearon & Moody, Mary A. Keeney, Austin, TX, for Plaintiff-Appellant., John Richard Hulme (argued), Austin, TX, for Pub. Util. Com'n of TX, Hudson, Parsley and Smitherman., Patrick R. Cowlishaw, Jackson Walker, Dallas, TX, Michelle Sloane Bourianoff, AT&T, Austin, TX, for AT&T Communications of TX, L.P.