530 F.3d 676 (8th Cir. 2008), 06-3701, Southwestern Bell Telephone, L.P. v. Missouri Public Service Com'n

Docket Nº:06-3701, 06-3726, 06-3727.
Citation:530 F.3d 676
Party Name:SOUTHWESTERN BELL TELEPHONE, L.P., doing business as SBC Missouri, Plaintiff-Appellee, v. MISSOURI PUBLIC SERVICE COMMISSION; Jeff Davis; Connie Murray; Steve Gaw; Robert M. Clayton III; Linward Appling, in their official capacities as commissioners of the Missouri Public Service Commission and not as individuals, Defendants, Big River Telephone Co
Case Date:June 20, 2008
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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530 F.3d 676 (8th Cir. 2008)

SOUTHWESTERN BELL TELEPHONE, L.P., doing business as SBC Missouri, Plaintiff-Appellee,

v.

MISSOURI PUBLIC SERVICE COMMISSION; Jeff Davis; Connie Murray; Steve Gaw; Robert M. Clayton III; Linward Appling, in their official capacities as commissioners of the Missouri Public Service Commission and not as individuals, Defendants,

Big River Telephone Company, LLC, Defendant-Appellant,

Birch Telecom of Missouri, Inc.; Ionex Communications, Inc., Defendants,

NuVox Communications of Missouri, Inc.; Socket Telecom, LLC; XO Communications Services, Inc.; XO Missouri, Inc.; Xspedius Management Co. of Kansas City, LLC; Xspedius Management Co. Switched Services, LLC, Defendants-Appellants,

Charter Fiberlink-Missouri, LLC; Navigator Telecommunications, LLC; WilTel Local Network, LLC; MCI Communications Services, Inc.; MCImetro, LLC, Defendants,

Sprint Communications Company, L.P., Defendant-Appellee.

Verizon New England, Incorporated; Verizon New York, Incorporated; Verizon Pennsylvania, Incorporated; Verizon Maryland, Incorporated; Verizon Washington, Incorporated; Verizon Virginia, Incorporated; Amici on Behalf of Appellee Southwestern Bell Telephone, L.P. doing business as SBC Missouri.

Southwestern Bell Telephone, L.P., doing business as SBC Missouri, Plaintiff-Appellee,

v.

Missouri Public Service Commission; Jeff Davis; Connie Murray; Steve Gaw; Robert M. Clayton III; Linward Appling, in their official capacities as commissioners of the Missouri Public Service Commission and not as individuals, Defendants-Appellants,

Big River Telephone Company, LLC; Birch Telecom of Missouri, Inc.; Ionex Communications, Inc.; NuVox Communications of Missouri, Inc.; Socket Telecom, LLC; XO Communications Services, Inc.; XO Missouri, Inc.; Xspedius Management Co. of Kansas City, LLC; Xspedius Management Co. Switched Services, LLC; Charter Fiberlink-Missouri, LLC; Navigator Telecommunications, LLC; Sprint Communications Company, L.P.; WilTel Local Network, LLC; MCI Communications Services, Inc.; MCImetro, LLC, Defendants.

Southwestern Bell Telephone, L.P., doing business as SBC Missouri, Plaintiff-Appellant,

v.

Missouri Public Service Commission Jeff Davis; Connie Murray; Steve Gaw; Robert M. Clayton III; Linward Appling, in their official capacities a commissioners of the Missouri Public Service Commission and not a individuals; Big River Telephone Company, LLC, Defendants-Appellees,

NuVox Communications of Missouri Inc.; Socket Telecom, LLC; XO Communications Services, Inc.; XO Missouri, Inc.; Xspedius Management Co. of Kansas City, LLC; Xspedius Management Co. Switched Services LLC, Defendants-Appellees,

Sprint Communications Company, L.P., Defendant-Appellee,

Birch Telecom of Missouri, Inc; Ionex Communications, Inc., Defendants,

Charter Fiberlink-Missouri, LLC; Navigator Telecommunications, LLC, Defendants,

WilTel Local Network, LLC; MCI Communications Services, Inc.; MCImetro, LLC, Defendants.

Nos. 06-3701, 06-3726, 06-3727.

United States Court of Appeals, Eighth Circuit.

June 20, 2008

Submitted: June 14, 2007.

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William L. Magness , argued, Austin, TX, Carl J. Lumley , St. Louis, MO, and Susan C. Gents, Austin, TX, on the brief, for Coalition Appellants.

William K. Haas , argued, Jefferson City, MO, for appellant.

David Murray , argued, Washington, D.C., for Sprint Communications Company, L.P.

Before BYE , RILEY , and BENTON ,1 Circuit Judges.

BYE , Circuit Judge.

Southwestern Bell Telephone, L.P., d/b/a SBC Missouri (SBC), attempted to negotiate interconnection agreements with several competitors (Competing Local Exchange Carriers (CLEC)) as required by the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified as amended in scattered sections of 47 U.S.C.). When those negotiations failed, the dispute was submitted to arbitration as provided for under the Act and the resulting arbitrator's decision was adopted by the Missouri Public Service Commission (MPSC). SBC petitioned the district

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court 2 for review, arguing the MPSC exceeded its authority by ordering SBC to allow CLECs broader access to its facilities network than mandated by the Act. SBC also argued the MPSC erred in ordering it to provide CLECs access to entrance facilities at cost. The district court found the MPSC exceeded its authority when it decided issues relating to which network facilities SBC was required to make available to CLECs. The district court affirmed the MPSC's decision setting the rate SBC could charge CLECs for entrance facilities needed for interconnection. On appeal, the MPSC and various CLECs argue the district court erred in concluding the MPSC exceeded its authority. In its cross-appeal, SBC argues the district court erred in setting the rate it could charge for access to entrance facilities. We affirm.

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