Agency Authority: In Re SWBT (Tex. 2007)

Texas Supreme Court Gives Effect to Primary Jurisdiction Doctrine in Suit Involving Public Utility Commission (PUC)

In Re Southwestern Bell Telephone Co., L.P., No. 05-0511 (Tex. Jun. 1, 2007)(mandamus)(Johnson)

In an opinion written by Justice Phil Johnson, Texas Supreme Court grants mandamus relief to enforce the primary jurisdiction doctrine, holding that the trial court had erred when it did not stay proceeding to allow the Public Utility Commission (PUC) to address the questions regarding the validity and enforceability of interconnection agreements. The Court rejects the argument the application of the primary jurisdiction doctrine had been waived.