Autotel

This case arises out of a dispute between two telecommunications carriers. Plaintiff-Appellant Autotel is a Commercial Mobile Radio Service (CMRS) provider wishing to provide wireless service in and around Pahrump, Nevada. It seeks digital interconnection with the facilities and equipment of Defendant-Appellee Nevada Bell Telephone Co. (AT & T Nevada), the incumbent local exchange carrier (LEC) in the area. After the parties’ efforts to negotiate an interconnection agreement failed, Autotel brought suit in federal court, alleging that AT & T Nevada violated the Telecommunications Act of 1996 by (1) refusing to negotiate in good faith; and (2) failing to provide digital interconnection with symmetrical pricing on an interim basis during negotiations, as required by Federal Communications Commission (FCC) regulations.

The district court dismissed Autotel’s first cause of action and granted summary judgment to AT & T Nevada on Autotel’s second cause of action. Autotel appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We hold that the district court properly dismissed Autotel’s good faith claim because Autotel did not exhaust its administrative…