Court of Appeals for the Eighth Circuit October 27, 2006, 05-3698 (Connect Communications Corp. v. Southwestern Bell Telephone, L.P.)

BYE, Circuit Judge,

dissenting.

Because the Arkansas Public Service Commission (APSC) did not determine the existence of a latent ambiguity in the Interconnection Agreement at issue, I do not believe its decision is entitled to any deference under an arbitrary-and-capricious standard of review.