SOUTHWESTERN BELL TELEPHONE v. PUBLIC UTILITY COM'N OF TEXAS

No. 05-50131.

467 F.3d 418 (2006)

SOUTHWESTERN BELL TELEPHONE, L.P. d/b/a SBC Texas, Plaintiff-Appellant, v. PUBLIC UTILITY COMMISSION OF TEXAS, Paul Hudson, in his official capacity as chairman of the Public Utility Commission of Texas, Barry Smitherman, in his official capacity as Commissioner of the Public Utility Commission of Texas; Julie C. Parsley, in her official capacity as Commissioner of the Public Utility Commission of Texas; and AT&T Communications of Texas, L.P., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 4, 2006.


Attorney(s) appearing for the Case

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.

Before KING, STEWART and DENNIS, Circuit Judges.


CARL E. STEWART, Circuit Judge:

Southwestern Bell Telephone, LP d/b/a SBC Texas appeals from the district court's grant of summary judgment to the Public Utilities Commission of Texas ("PUCT") and AT&T Communications ("AT&T"). The issue on appeal is whether the PUCT acted arbitrarily and capriciously in issuing Order No. 45, which modified the Performance Remedy Plan of the Texas 271 Agreement, without the consent of SBC Texas. SBC Texas contends that the...

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