Davel Communications, Inc. v. Qwest Corp.

ORDER AND AMENDED OPINION

ORDER

The opinion filed June 26, 2006, and published at 451 F.3d 1037 , is withdrawn and superseded by the opinion filed concurrently herewith. The opinion is amended as follows:

1. At slip op. 7048, first full paragraph, line 15, 451 F.3d at 1045-46 , delete from the sentence beginning “That is to say ...” through to the end of the paragraph.

2. At slip op. 7049, 451 F.3d at 1046 , delete from the paragraph beginning “Here, the FCC ...” through to the end of Part II of the opinion, and insert the following:

“In Reiter, the Supreme Court held that the claim that a carrier’s rates were not ‘reasonable,’ as required by Interstate Commerce Act, was not barred by the filed-rate doctrine.” 507 U.S. at 266, 113 S.Ct. 1213 . Davel’s complaint arises under §§ 201 and 276 of the 1996 Act. Section 201 is nearly identical to the provision of the Interstate Commerce Act at issue in Reiter, requiring telecommunications rates to be just and reasonable. Section 276 adds the further command that a carrier may not set its payphone rates so as to discriminate in favor of or subsidize its own payphone services, and instructs the agency to implement regulations…