WORLDNET TELECOMMUNICATIONS, INC., Plaintiff, Appellee,
v.
PUERTO RICO TELEPHONE COMPANY; Telecommunications Regulatory Board of Puerto Rico; Miguel Reyes-Dávila, in his official capacity as member; Vicente Aguirre-Iturrino, in his official capacity as member; Nixyvette Santini-Hernández, in her official capacity as member, Defendants, Appellants.
Puerto Rico Telephone Company, Plaintiff, Appellant/Cross-Appellee,
v.
Telecommunications Regulatory Board of Puerto Rico; Miguel Reyes-Dávila, in his official capacity as member; Vicente Aguirre Iturrino, in his official capacity as member; Nixyvette Santini-Hernández, in her official capacity as member, Defendants, Appellees/Cross-Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 11, 2007.
Decided May 11, 2007.
Attorney(s) appearing for the Case
Joshua S. Turner with whom John E. Barry, John W. Kuzin, Wiley Rein & Fielding LLP, Ricardo L. Ortiz-Colón, Luis A. Oliver and Fiddler, González & Rodríguez, P.S.C. were on brief for Puerto Rico Telephone Company.
Robert F. Reklaitis with whom Leslie Paul Machado was on consolidated brief for Telecommunications Regulatory Board of Puerto Rico and Its Individual Members on liquidated damages issue.
Robert F. Reklaitis with whom Leslie Paul Machado was on consolidated brief for Telecommunications Regulatory Board of Puerto Rico and Its Individual Members on performance standards issue.
R. Bruce Beckner with whom Fleischman and Walsh, L.L.P., Frank A. Rullán and GrayRobinson, P.A. were on consolidated brief for WorldNet Communications, Inc.
Before BOUDIN, Chief Judge, LIPEZ, Circuit Judge, and SHADUR, Senior District Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
Seeking to spur competition in the telecommunications industry, Congress a decade ago passed the Telecommunications Act of 1996 ("the Act").1 The Act not only permitted competitors to operate their own local exchange networks in competition with the local telephone company, 47 U.S.C. § 253(a), (d) (2000), but also obliged the local incumbent to assist new entrants in several respects, id. § 251(b)...
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