GLOBAL NAPS CALIFORNIA v. PUBLIC UTILITIES COM'N

No. 09-55600.

624 F.3d 1225 (2010)

GLOBAL NAPS CALIFORNIA, INC., Petitioner-Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2010.


Attorney(s) appearing for the Case

Joel Davidow , Kile Goekijan Reed and McManus, PLLC, Washington, D.C., argued the cause for the petitioner-appellant, and filed the brief. Richard W. Davis , Laurie DeYoung , Davis DeYoung LLP, Los Angeles, CA, were also on the briefs.

Christopher P. Witteman , California Public Utilities Commission, San Francisco, CA, argued the cause for the respondent-appellee and filed the brief. Frank R. Lindh , Helen M. Mickiewicz , California Public Utilities Commission, San Francisco, CA, were also on the brief.

Christian F. Binnig , Mayer Brown LLP, Chicago, IL, filed a brief on behalf of amicus curiae The Southern New England Telephone Co., Illinois Bell Telephone Co., Ohio Bell Telephone Co., Pacific Bell Telephone Co., and BellSouth Telecommunications, Inc. Hans J. Germann , Stephen S. Sanders , Mayer Brown LLP, Chicago, IL, were also on the brief.

Michael E. Glover , Verizon, Arlington, VA, filed a brief on behalf of amicus curiae Verizon. Karen Zacharia , Katharine R. Saunders , Verizon, Arlington, VA, and Scott H. Angstreich , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, were also on the brief.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JOAN HUMPHREY LEFKOW, District Judge.


OPINION

O'SCANNLAIN, Circuit Judge:

We must decide, among other issues, whether the California Public Utilities Commission acted arbitrarily and capriciously when it interpreted an interconnection agreement between two competitive local telephone exchange carriers as establishing the rate at which each must compensate the other for handling Voice-over-Internet-Protocol calls.

I

A

"Prior...

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