WORLDNET TELECOMMUNICATIONS v. P.R. TELEPHONE CO.

Nos. 06-1563, 06-1564, 06-1565, 06-1566.

497 F.3d 13 (2007)

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.

Entered: July 9, 2007.


Attorney(s) appearing for the Case

Richard Bruce Beckner, A. Enrico Soriano, Fleischman & Walsh, P.C., Washington, DC, David Konuch, James N. Moskowitz, Lawrence R. Freedman, Francisco Rullan-Molina, Fort Lauderdale, FL, for Plaintiff, Appellee.

Ricardo L. Ortiz-Colon, Luis A. Oliver, Fiddler, Gonzalez & Rodriguez, Alexandra Fernandez Navarro, Eglee W. Perez-Rodriguez, Telecommunications Regulatory Board of PR, San Juan, PR, Joshua Scott Turner, John E. Barry, Jeffrey S. Linder, John W. Kuzin, Wiley Rein LLP, Robert F. Reklaitis, Leslie Paul Machado, Nixon Peabody, Washington, DC, for Defendants, Appellants.

Before BOUDIN, Chief Judge, LIPEZ, Circuit Judge, and SHADUR, Senior District Judge.


MEMORANDUM AND ORDER ON REHEARING

The statute, which governs both negotiated and arbitrated agreements, says that an agreement adopted by the parties "shall be submitted for approval to the State commission. A State commission to which an agreement is submitted shall approve or reject the agreement." 47 U.S.C. § 252(e)(1) (2000). Here, the arbitrator's order was adopted and the resulting interconnection agreement was submitted to the Board for approval...

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