Verizon Northwest Inc. v. Electric Lightwave, Inc.

MEMORANDUM *

Verizon Northwest Inc. (“Verizon”) appeals from the district court’s grant of summary judgment on review of a decision by the Oregon Public Utilities Commission (“OPUC”) approving its interconnection agreement with Electric Lightwave, Inc. pursuant to the Telecommunications Act of 1996 (“the Act”), 47 U.S.C. §§ 251-61 . Verizon challenges the OPUC’s imposition of reciprocal compensation on ISP-bound traffic. Verizon also challenges the reciprocal compensation rate for traffic transported and terminated on Electric Light-wave’s network, arguing that under the Act Electric Lightwave should be compensated at the lower end-office rate, not the higher tandem rate because the functional equivalency test has not been satisfied.

We review de novo the district court’s grant of summary judgment and whether an arbitration agreement is in compliance with the Act and the implementing regulations. US W. Communications v. MFS Intelenet, Inc., 193 F.3d 1112 , 1117 (9th Cir.1999). We review all other issues under an arbitrary and capricious standard. Id.; see also MCI Telecomm. Corp. v. U.S.W. Communications, 204 F.3d 1262 , 1266-67 (9th Cir.2000). Because the terms of the…