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PUERTO RICO TELEPHONE CO. v. T-MOBILE PUERTO RICO

No. 11-1504.

678 F.3d 49 (2012)

PUERTO RICO TELEPHONE COMPANY, INC., Plaintiff, Appellee, v. T-MOBILE PUERTO RICO LLC, Defendant, Appellant, Telecommunications Regulatory Board Of Puerto Rico; Nixyvette Santini-Hernandez, in her official capacity as member of the Telecommunications Regulatory Board of Puerto Rico; Vicente Aguirre-Iturrino, in his official capacity as member of the Telecommunications Regulatory Board of Puerto Rico; Sandra Torres-Lopez, in her official capacity as President of the Telecommunications Regulatory Board of Puerto Rico, Defendants.

United States Court of Appeals, First Circuit.

Decided May 2, 2012.

Attorney(s) appearing for the Case

Jaime E. Toro-Monserrate , with whom Toro, Colón, Mullet, Rivera & Sifre, P.S.C., Christopher W. Savage , and Davis Wright Tremaine, LLP were on brief, for appellant.

Eduardo R. Guzmán , with whom Drinker Biddle & Reath LLP was on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

This case arises out of a dispute regarding the applicable billing rate for T-Mobile Puerto Rico LLC's use of certain services provided by Puerto Rico Telephone Company, Inc. (PRTC), an incumbent local exchange carrier (ILEC). It requires us to address several issues under the Telecommunications Act of 1996 (TCA), including what is meant by the term "discrimination."

PRTC and T-Mobile entered into...

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