COSERV LTD. LIABILITY CORP. v. SOUTHWESTERN BELL

No. 02-51065.

350 F.3d 482 (2003)

COSERV LIMITED LIABILITY CORPORATION; Multitechnology Services LP, Plaintiffs-Appellants, v. SOUTHWESTERN BELL TELEPHONE COMPANY; Public Utility Commission of Texas; Rebecca Klein; Paul Hudson; Julie Parsley, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed November 21, 2003.


Attorney(s) appearing for the Case

Lawrence R. Freedman (argued), Richard L. Davis, Fleischman & Walsh, Washington, DC, Jesus Sifuentes, Sifuentes, Drummond & Smith, Austin, TX, for Plaintiffs-Appellants.

David John Schenck (argued), Robert Edwin Davis, Floyd Richard Hartley, Hughes & Luce, Dallas, TX, Thomas J. Horn, SBC Communications, Austin, TX, for Southwestern Bell Tel. Co.

Elizabeth R. B. Sterling, Asst. Atty. Gen. (argued), Austin, TX, for Public Utility Com'n of Texas, Yzaguirre, Klein, Hudson and Parsley.

Before JOLLY, HIGGINBOTHAM and STEWART, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this case of first impression in this Circuit we interpret the compulsory arbitration provision of the Telecommunications Act of 1996 ("Telecom Act" or "Act") set forth at 47 U.S.C. § 252(b)(1). We hold that only issues voluntarily negotiated by the parties pursuant to § 252(a) are subject to the compulsory arbitration provision. In so holding, we affirm on alternative grounds the district court's grant of summary judgment...

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