Florida Digital Network v. Embarq Florida Inc., No. 05-16653 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-16653 ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT September 15, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 03-00282-CV-4-RH-WCS FLORIDA DIGITAL NETWORK, INC., a Delaware corporation, Plaintiff-Appellant, versus EMBARQ FLORIDA, INC. a Florida corporation, FLORIDA PUBLIC SERVICE COMMISSION, LILA A. JABER, in her official capacity as Chairman of the Florida Public Service Commission, J. TERRY DEASON, BRAULIO L. BAEZ, et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (September 15, 2006) Before MARCUS, WILSON and COX, Circuit Judges. PER CURIAM: Florida Digital Network, Inc. ( Florida Digital ) appeals the district court s affirmance of a decision by the Florida Public Service Commission ( the Commission ) setting the rates charged by an incumbent local exchange carrier (Embarq Florida, Inc., formerly Sprint-Florida, Inc.) for unbundled network elements provided to competitive carriers, including Florida Digital, under the Telecommunications Act of 1996. Florida Digital contends: (1) that the rates established were arbitrary and capricious, an abuse of discretion, and not supported by substantial, competent evidence; (2) that the Commission decision establishing the rates failed to comply with applicable law and regulations; and (3) that the Commission arbitrarily established geographically de-averaged rate zones. After reviewing the record, reading the parties s briefs and having the benefit of oral argument, we affirm the district court s decision based on its wellreasoned order of November 2, 2005. AFFIRMED. 2

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