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 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 ___________________________________________________ February 24, 2000 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.,

(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.,

(1999).

* 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.