UNITED STATES COURT OF APPEALS

For the Fifth Circuit

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No. 99-50073

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SOUTHWESTERN BELL TELEPHONE COMPANY,

Plaintiff-Appellee,

v.

AT&T COMMUNICATIONS OF THE SOUTHWEST, INC.,

Defendant-Appellee-Appellant,

v.

MCI TELECOMMUNICATIONS CORPORATION; MCIMETRO ACCESS

TRANSMISSION SERVICES, INC.,

Defendants-Appellants-Appellees

and

MFS COMMUNICATIONS COMPANY, INC; PUBLIC UTILITY COMMISSION OF

TEXAS; PAT WOOD, III, in his official capacities as Chair of the

Public Utility Commission of Texas and as arbitrator; JUDY W

WALSH, in her official capacities as Commissioner of the Public

Utility Commission of Texas and arbitrator; BRETT A PERLMAN, in

his official capacities as Commissioner of the Public Utilities

Commission of Texas and arbitrator; E*SPIRE COMMUNICATIONS, INC

Defendants-Appellees

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AT&T COMMUNICATIONS OF THE SOUTHWEST, INC

Plaintiff-Appellee-Appellant

v.

SOUTHWESTERN BELL TELEPHONE COMPANY

Defendant-Appellee

v.

THE COMMISSIONERS OF THE PUBLIC UTILITY COMMISSION OF TEXAS

Defendant-Appellee

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MCI TELECOMMUNICATIONS CORP, a Delaware Corporation; MCIMETRO

ACCESS TRANSMISSION SERVICES, INC, A Delaware Corporation
Plaintiffs-Appellants-Appellees

v.

SOUTHWESTERN BELL TELEPHONE CO, a Missouri Corporation

Defendant-Appellee

v.

PUBLIC UTILITY COMMISSION OF TEXAS; PATRICK H WOOD, III; JUDY W

WALSH; BRETT A PERLMAN

Defendants-Appellees

___________________________________________________

SOUTHWESTERN BELL TELEPHONE COMPANY

Plaintiff-Appellee

v.

AT&T COMMUNICATIONS OF THE SOUTHWEST, INC

Defendant-Appellee-Appellant

v.

MCI TELECOMMUNICATIONS CORPORATION; MCI METRO ACCESS TRANSMISSION

SERVICES;

Defendants-Appellants-Appellees

v.

MFS COMMUNICATIONS COMPANY, INC; E*SPIRE COMMUNICATIONS, INC;

PUBLIC UTILITY COMMISSION OF TEXAS; PAT WOOD, III; JUDY W WALSH;

BRETT A PERLMAN

Defendants-Appellees

___________________________________________________

Appeals from the United States District Court

For the Western District of Texas

A-98-CV-197-SS, A-98-CV-196-SS

A-98-CV-199-SS & A-98-CV-345-SS

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February 24, 2000
 

* Circuit Judge of the Ninth Circuit, sitting by designation.

 

** Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Before DAVIS, HALL* and SMITH, Circuit Judges.

PER CURIAM:**

ORDER

For a number of reasons, we are persuaded that this case

should be remanded to the Public Utility Commission of Texas

(“Commission”).

 First, the central issues raised on appeal by Appellees MCI

and AT&T involve interpretation of the Supreme Court’s recent

decision in AT&T Corp. v. Iowa Utils. Bd., 119 S.Ct. 721 (1999),

which was rendered after the Commission and the district court had

reached their decisions in this case. Second, the issues raised by

AT&T and MCI are substantially identical to those currently under

consideration by the Commission. Finally, the ultimate resolution

of this case will almost certainly require factual determinations

best left to the discretion of the Commission. 

The order of the district court pertaining to nonrecurring

charges is therefore VACATED and the case REMANDED to the Public

Utility Commission of Texas for further proceedings in light of the

Supreme Court’s decision in AT&T Corp. v. Iowa Utils. Bd., 119

S.Ct. 721 (1999).