Logix Commc’ns, L.P. v. Public Util. Comm’n of Texas, 5th Cir. Mar. 17, 2008

06-51697 Logix Commc’ns, L.P. v. Public Util. Comm’n of Texas
Before REAVLEY, SMITH, and GARZA, Circuit Judges.
JERRY E. SMITH, Circuit Judge: On June 30, 2005, AT&T Texas (“AT&T”) initiated an arbitration proceeding before the Public Utility Commission of Texas (“PUC”) regarding its interconnection agreement with Logix Communications, L.P. (“Logix”), seeking postinterconnection agreement dispute resolution regarding unbundled network element (“UNE”) declassification by wire center.1 AT&T sought to establish that its method of determining the volume of business, and thus the necessity for UNE access, in the Texas market was correct. The PUC upheld AT&T’s method of counting business lines in a wire center, and Logix challenged that determination. The district court, having jurisdiction over Logix’s challenge pursuant to 47 U.S.C. § 252(e)(6) and 28 U.S.C. § 1331, granted summary judgment for AT&T. We affirm. …Logix Commc’ns, L.P. v. Public Util. Comm’n of Texas.

  1. A “wire center” is the central office of an incumbent local exchange carrier (“ILEC”) such as AT&T; “loops” connect the “wire center” to the customer’s premises. DS1’s and DS3’s are high-capacity facilities, each of which has the capacity to carry the equivalent of many individual voice-grade lines–in engineering terms, “64 kbps-equivalents.” []

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