Coserv Ltd. Liability Corp. v. Southwestern Bell Telephone Co.

E. GRADY JOLLY, Circuit Judge:

In this case of first impression in this Circuit we interpret the compulsory arbitration provision of the Telecommunications Act of 1996 (“Telecom Act” or “Act”) set forth at 47 U.S.C. § 252(b)(1). We hold that only issues voluntarily negotiated by the parties pursuant to § 252(a) are subject to the compulsory arbitration provision. In so holding, we affirm on alternative grounds the district court’s grant of summary judgment.

I

Southwestern Bell Telephone Company (“SWBT”) and Coserv Limited Liability Corporation (“Coserv”) are local exchange carriers subject to…