Fifth U.S. Appeals Court, New Orleans, ruled 2-1 that La. PSC was...
Fifth U.S. Appeals Court, New Orleans, ruled 2-1 that La. PSC wasn’t immune under 11th Amendment from federal judicial review of its decisions on carrier interconnection agreements under Telecom Act. Court was ruling on AT&T challenge to PSC arbitration…
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decision in interconnection dispute with BellSouth. Fifth Circuit held that La. PSC had waived its sovereign immunity rights when it agreed to arbitrate interconnection dispute under terms of Telecom Act. Court also ruled that “ex parte Young” doctrine applied in cases involving states’ alleged contraventions of Act’s Sec. 251 and 252. That doctrine allows federal lawsuits against states to halt violations of federal law. This was 4th federal appeals court to deny states 11th Amendment protection for their interconnection contract decisions. Previous decisions against states have come from 6th, 7th and 10th Circuits. U.S. Supreme Court last Oct. refused to review matter.