Southwestern Bell Telephone, L.P. v. Public Utility Commission of Texas

CARL E. STEWART, Circuit Judge:

Southwestern Bell Telephone, LP d/b/a SBC Texas appeals from the district court’s grant of summary judgment to the Public Utilities Commission of Texas (“PUCT”) and AT&T Communications (“AT&T”). The issue on appeal is whether the PUCT acted arbitrarily and capriciously in issuing Order No. 45, which modified the Performance Remedy Plan of the Texas 271 Agreement, without the consent of SBC Texas. SBC Texas contends that the PUCT violated federal law and breached a binding contract by altering the terms and conditions of the State’s model interconnection…