Florida Digital Network, Inc. v. Embarq Florida, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Florida Digital Network, Inc. v. Embarq Florida, Inc., 195 F. App'x 944 (11th Cir. 2006)

Florida Digital Network, Inc. v. Embarq Florida, Inc.

Opinion

PER CURIAM:

Florida Digital Network, Inc. (“Florida Digital”) appeals the district court’s affirmance of a decision by the Florida Public Service Commission (“the Commission”) setting the rates charged by an incumbent local exchange carrier (Embarq Florida, Inc., formerly Sprint-Florida, Inc.) for unbundled network elements provided to competitive carriers, including Florida Digital, under the Telecommunications Act of 1996. Florida Digital contends: (1) that the rates established were arbitrary and capricious, an abuse of discretion, and not supported by substantial, competent evidence; (2) that the Commission decision establishing the rates failed to comply with applicable law and regulations; and (3) that the Commission arbitrarily established geographically de-averaged rate zones.

After reviewing the record, reading the parties’s briefs and having the benefit of oral argument, we affirm the district court’s decision based on its well-reasoned order of November 2, 2005.

AFFIRMED.

Reference

Full Case Name
FLORIDA DIGITAL NETWORK, INC., a Delaware Corporation, Plaintiff-Appellant, v. EMBARQ FLORIDA, INC., a Florida Corporation, Florida Public Service Commission, Lila A. Jaber, in Her Official Capacity as Chairman of the Florida Public Service Commission, J. Terry Deason, Braulio L. Baez, Et Al., Defendants-Appellees
Status
Unpublished