UNITED STATES COURT OF APPEALS For the Fifth Circuit

___________________________

No. 99-50073

___________________________ 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

___________________________________________________ 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

___________________________________________________ MCI TELECOMMUNICATIONS CORP, a Delaware Corporation; MCIMETRO ACCESS TRANSMISSION SERVICES, INC, A Delaware CorporationPlaintiffs-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

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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; 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

___________________________________________________ February 24, 2000* Circuit Judge of the Ninth Circuit, sitting by designation.

* * Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . 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 Publi c 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 o rder 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).