Public Service Telephone v. The Georgia Public Service Com, et al

Filing

Opinion issued by court as to Appellant Public Service Telephone Company. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Consolidated with and also filed in 10-11037.

Public Service Telephone v. The Georgia Public Service Com, et al

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Case: 10-11036 Date Filed: 12/09/2010 Page: 1 of 4

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 10-11036 ________________________ D.C. Docket No. 1:08-cv-01437-CC PUBLIC SERVICE TELEPHONE COMPANY, lllllllllllllllllllll versus THE GEORGIA PUBLIC SERVICE COMMISSION, CHUCK EATON, in his official capacity as Chairman of the Georgia Public Service Commission, ROBERT B. BAKER, in his official capacity as Commissioner of the Georgia Public Services Commission, H. DOUG EVERETT, in his official capacity as Commissioner of the Georgia Public Service Commission, ANGELA E. SPEIR, in her official capacity as Commissioner of the Georgia Public Service Commission, ALLTEL COMMUNICATIONS, LLC f/k/a Alltel Communications et al., lllllllllllllllllllll ________________________ No. 10-11037 ________________________ D.C. Docket No. 1:08-cv-01438-CC Defendants - Appellees. Plaintiff - Appellant,
ELEVENTH CIRCUIT DECEMBER 9, 2010 JOHN LEY CLERK

Dockets.Justia.com

Case: 10-11036 Date Filed: 12/09/2010 Page: 2 of 4

PUBLIC SERVICE TELEPHONE COMPANY, lllllllllllllllllllll versus THE GEORGIA PUBLIC SERVICE COMMISSION, CHUCK EATON, in his official capacity as Chairman of the Georgia Public Service Commission, ROBERT B. BAKER, in his official capacity as Commissioner of the Georgia Public Service Commission, H. DOUG EVERETT, in his official capacity as Commissioner of the Georgia Public Service Commission, ANGELA E. SPEIR, in her official capacity as Commissioner of the Georgia Public Service Commission, VERIZON WIRELESS OF THE EAST LP, et al., d/b/a Verizon Wireless, lllllllllllllllllllll ________________________ Appeals from the United States District Court for the Northern District of Georgia ________________________ (December 9, 2010) Before BARKETT, MARTIN and HILL, Circuit Judges. PER CURIAM: Public Service Telephone Company ("PSTC") appeals from the district Defendants - Appellees. Plaintiff - Appellant,

Case: 10-11036 Date Filed: 12/09/2010 Page: 3 of 4

court's final judgment affirming two related orders of the Georgia Public Service Commission (the "Commission") in favor of Alltel Communications and Verizon Wireless. PSTC contends that the Commission and district court erred in failing to give clear effect to the terms of interconnection agreements entered into by the parties within the framework of the Telecommunications Act of 1996. PSTC asserts that the Commission's orders violate federal law and requests that this Court reverse the district court's order and enjoin the enforcement of the Commission's orders. We have considered the various orders of the Commission and district court, as well as the briefs and oral argument of the parties, and find no reversible error. In this review of the administrative decision by the Commission, we apply a two-tiered standard of review. Issues of federal law are reviewed de novo. MCI Worldcom Commc'ns, Inc. v. BellSouth Telecomm., Inc., 446 F.3d 1164, 1170 (11th Cir. 2006). The Commission's factual findings and application of state law, however, including its interpretation and application of the parties' interconnection agreements, are reviewed under an "arbitrary and capricious" standard. Id.; see also Bellsouth Telecomm., Inc. v. MCImetro Access Transmission Servs., Inc., 317 F.3d 1270, 1279 (11th Cir. 2003) (en banc) (recognizing authority of Georgia Public Service Commission to interpret and
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Case: 10-11036 Date Filed: 12/09/2010 Page: 4 of 4

enforce interconnection agreements). "A finding that a decision was arbitrary or capricious requires us to find no rational basis for the decision. Once we find a rational connection between the evidence and the decision, we must defer to the agency's expertise." Tackitt v. Prudential Ins. Co., 758 F.2d 1572, 1575 (11th Cir. 1985) (citations omitted); see also Miccosukee Tribe of Indians of Fla. v. United States, 566 F.3d 1257, 1264 (11th Cir. 2009) ("The arbitrary and capricious standard is exceedingly deferential. We are not authorized to substitute our judgment for the agency's as long as its conclusions are rational." (quotations and citations omitted)). On this record, and under our deferential standard of review, we cannot say that the Commission's findings and subsequent orders based thereupon were arbitrary and capricious. Accordingly, the district court did not err in denying PSTC's request to enjoin the enforcement of the Commission's orders. AFFIRMED

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