United States Court of Appeals UNITED STATES COURT OF APPEALS Fifth Circuit for the Fifth Circuit FILED March 16, 2006 Charles R. Fulbruge III No. 05-50728 Clerk

MILLENNIUM ONE COMMUNICATIONS, INC., Plaintiff-Appellant,

VERSUS

THE PUBLIC UTILITY COMMISSION OF TEXAS; PAUL HUDSON, in his official capacity as Chairman of the Public Utility Commission of Texas; JULIE CARUTHERS PARSLEY, in her official capacity as Commissioner of the Public Utility Commission of Texas; and SOUTHWESTERN BELL TELEPHONE, L.P., Defendants-Appellees.

Appeals from the United States District Court for the Western District of Texas (1:03-CV-893) Before REAVLEY, JOLLY, and DeMOSS, Circuit Judges.

PER CURIAM*: AFFIRMED. See 5TH CIR. R. 47.6.

_________________ *Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.