At&t Communications of the Southwest, Inc. v. City of Austin, At&t Communications F the Southwest, Inc. v. City of Austin

DUHÉ, Circuit Judge:

This appeal challenges the district court’s refusal to vacate its prior judgments for mootness. For the following reasons, we hold that this case is moot, vacate the district court’s judgments, remand the case to the district court, and direct the court to dismiss it as moot.

BACKGROUND

AT&T Communications of the Southwest, Inc. (“AT&T”) filed the underlying lawsuit in the Western District of Texas in 1997. In it AT&T alleged that the Federal Telecommunications Act of 1996 (the “FTA”) preempted Austin’s municipal telecommunications franchise ordinance (“the ordinance”) and…