Autotel
Autotel v. Central Telephone Co.
Opinion
Lead Opinion
Bertelsman, J.
MEMORANDUM **
Autotel appeals the district court’s dismissal of Autotel’s claims under the Telecommunications Act of 1996 (the Act) against the Public Utility Commission of Nevada (PUC) and Central Telephone Company, dba Embarq Corporation (Em-barq). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The district court has subject matter jurisdiction over alleged violations of the Act, see Verizon Md., Inc. v. Public Serv. Comm’n of Md., 535 U.S. 635, 642-43 , 122 S.Ct. 1753 , 152 L.Ed.2d 871 (2002), but Autotel has failed to state a claim upon which relief may be granted because it has not alleged how the PUC’s dismissal of its complaint as unripe violated the Act. Auto-tel’s bare statement that the PUC “by its acts and omissions” violated the Act is insufficient. See Halkin v. VenFone Inc. (In re VeriFone Sec. Litig.), 11 F.3d 865, 868-72 (9th Cir.1993). 1 The district court’s dismissal of Autotel’s claim against the PUC is affirmed.
The district court likewise has subject matter jurisdiction over a claim that a party to an interconnection agreement has failed to negotiate in good faith under the Act. W. Radio Servs. Co. v. Qwest Corp., 530 F.3d 1186, 1193…