In Re Sw. Bell Tel. Co., LP, 226 S.W.3d 400 (Tex. 2007). · Go Syfert
In Re Sw. Bell Tel. Co., LP, 226 S.W.3d 400 (Tex. 2007). Cases Citing This Book View Copy Cite
“courts should defer to appropriate administrative agencies when . . . the agency is staffed with experts trained in handling complex problems within the agency's purview, and . . . great benefit is derived from the agency's uniform interpretation of laws within its purview”
224 citation events (224 in the last 25 years) across 5 distinct courts.
Strongest positive: Untitled Texas Attorney General Opinion (texag, 2010-07-02)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Untitled Texas Attorney General Opinion
Tex. Att'y Gen. · 2010 · quote attribution · 1 verbatim quote · confidence high
courts should defer to appropriate administrative agencies when ... the agency is staffed with experts trained in handling complex problems within the agency's purview, and ... great benefit is derived from the agency's uniform interpretation oflaws within its purview
examined Cited as authority (verbatim quote) Opinion No.
Tex. Att'y Gen. · 2010 · quote attribution · 1 verbatim quote · confidence high
courts should defer to appropriate administrative agencies when . . . the agency is staffed with experts trained in handling complex problems within the agency's purview, and . . . great benefit is derived from the agency's uniform interpretation of laws within its purview
discussed Cited as authority (verbatim quote) in Re Terrance Brunson
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
in order to obtain mandamus relief a relator must show that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal.
discussed Cited as authority (rule) In Re Demaree Reed
Tex. · 2026 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (noting that the Public Utility Commission “retain[ed] authority to interpret and enforce the interconnection agreements” in dispute); Butnaru, 84 S.W.3d at 208–09 (explaining that the Legislature “specifically authorized the [Motor Vehicle] Board to resolve disputes” alleging a violation of the Motor Vehicle Commission Code, which formed the basis of the tort claim); Cash Am.
discussed Cited as authority (rule) The University of Texas Rio Grande Valley v. Rita Oteka
Tex. · 2025 · confidence medium
Co., 226 S.W.3d 400, 402-03, 405 (Tex. 2007) (orig. proceeding) (conditionally granting mandamus relief 20 exclusive jurisdiction to determine a claimant’s entitlement to benefits, will decide the subsidiary course-and-scope issue in a relatively efficient administrative proceeding. 62 That proceeding also may eliminate the need to litigate an employer’s fault or negligence if it is determined that the injury is work-related and the employee is entitled to compensation benefits.
cited Cited as authority (rule) In Re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 v. the State of Texas
Tex. App. · 2025 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding); accord Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding); see In re Prudential Ins.
cited Cited as authority (rule) In Re Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11 v. the State of Texas
Tex. App. · 2025 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding); accord Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding); see In re Prudential Ins.
cited Cited as authority (rule) In Re Westport Insurance Corporation v. the State of Texas
Tex. App. · 2024 · confidence medium
Co., L.P., 226 S.W.3d 400, 405 (Tex. 2007) (orig. proceeding) (citation omitted).
cited Cited as authority (rule) ARUP Laboratories, Inc. v. James H. Crawford & Rita Annette Crawford
Tex. App. · 2024 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007).
cited Cited as authority (rule) In Re Demaree Reed v. the State of Texas
Tex. App. · 2024 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007).
cited Cited as authority (rule) In Re Rene L. Madrigal v. the State of Texas
Tex. App. · 2024 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) In Re Alejandro Sanchez v. the State of Texas
Tex. App. · 2023 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) in Re FamilyLink Treatment Services, Inc.
Tex. App. · 2022 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) in Re Travelers Property Casualty Company of America, Michael Dunn, and Smead, Anderson & Dunn
Tex. App. · 2021 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding)).
cited Cited as authority (rule) in Re Travelers Property Casualty Company of America, Michael Dunn, and Smead, Anderson & Dunn
Tex. App. · 2021 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding)).
cited Cited as authority (rule) in Re Centerpoint Energy Houston Electric, Llc.
Tex. · 2021 · confidence medium
Co., 226 S.W.3d 400, 404 (Tex. 2007). 12 the resulting lack of uniformity in the regulatory system is minimized while claimants’ rights to redress are fully protected.
cited Cited as authority (rule) in Re Christi Ovchinnikov Barker
Tex. App. · 2021 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding); In re Serio, No. 03-14-00786-CV, 2014 WL 7458735 , at *1 (Tex. App.—Austin Dec. 23, 2014, orig. proceeding) (mem. op.).
cited Cited as authority (rule) in Re April Caudillo
Tex. App. · 2020 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) in Re Skipper Joel Bertrand, M.D., Charles Yieng-Chu Su, M.D., and Beacon Emergency Services Team, P.A.
Tex. App. · 2020 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding); Dakota Directional Drilling, 549 S.W.3d at 290 .
cited Cited as authority (rule) Robert York Pettit, Jeffrey York Pettit, Individually and as Trustee of the Big Horn Phalanx Trust, Joseph Austin Pettit and Emily Anne Pettit Covey v. Marilyn Eileen Pettit Tabor
Tex. App. · 2020 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding)).
cited Cited as authority (rule) in Re Vector Contracting, Inc.
Tex. App. · 2019 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding).
cited Cited as authority (rule) in Re Navajo Nation, Relator
Tex. App. · 2019 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding)).
discussed Cited as authority (rule) in Re: Oncor Electric Delivery Company, LLC
Tex. App. · 2019 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007), or in making a factual determination lacking evidentiary support, see In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 (Tex. 2005) (orig. proceeding).
cited Cited as authority (rule) in Re E. W. O.
Tex. App. · 2019 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding).
cited Cited as authority (rule) Jay & VMK, Corp. and John Kelly v. Cristina Lopez and Humanitarian Financial, Inc.
Tex. App. · 2019 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding))).
cited Cited as authority (rule) in Re 2500 West Loop, Inc.
Tex. App. · 2018 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) in Re Kayla Tindell
Tex. App. · 2018 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
discussed Cited as authority (rule) in Re United Parcel Service, Inc.
Tex. App. · 2018 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding). “[O]rdinarily, a relator need only establish a trial court’s abuse of discretion to demonstrate entitlement to mandamus relief with regard to a trial court’s denial of a timely-filed section 33.004(a) motion.” In re Coppola, No. 16-0723, 2017 WL 6390965 , at *3 (Tex. Dec. 15, 2017) (orig. proceeding).
cited Cited as authority (rule) in Re Monte Charlene Diggs Coker
Tex. App. · 2018 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) Jennifer Sampson, Individually As a Representative of the Estate of Sindy Jean Hamilton And as Guardian of Jeanette Burton and Sonya Hollis, Individually and as a Representative of the Estate of Janet Meyers v. East Texas Medical Center Tyler
Tex. App. · 2018 · confidence medium
Co. L.P., 226 S.W.3d 400, 403 (Tex. 2007) (citing In re Kuntz, 124 S.W.3d 179, 181 (Tex. 2003)); Boada, 304 S.W.3d at 533 .
cited Cited as authority (rule) in Re China Charles
Tex. App. · 2017 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) in Re Brothers Oil & Equipment, Inc. Winchester Oil & Gas, LLC And George Burke
Tex. App. · 2017 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007)).
discussed Cited as authority (rule) New Talk, Inc. v. Southwestern Bell Telephone Co. (2×)
Tex. App. · 2017 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing Sw.
cited Cited as authority (rule) in Re Dana Kay Abney
Tex. App. · 2017 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding).
cited Cited as authority (rule) in Re Loretta Young Cantu
Tex. App. · 2016 · confidence medium
Co., 7 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding).
cited Cited as authority (rule) in Re Nationwide Insurance Company of America
Tex. · 2016 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex.2007).
cited Cited as authority (rule) Texas Commission on Environmental Quality & Post Oak Clean Green, Inc. v. Guadalupe County Groundwater Conservation District
Tex. App. · 2015 · confidence medium
Co., 226 S.W.3d 400, 404 (Tex. 2007) (orig. proceeding).
cited Cited as authority (rule) in Re: Stacey Diane Sartor
Tex. App. · 2015 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833 , 839–40 (Tex. 1992) (orig. proceeding).
discussed Cited as authority (rule) Maria Zamarripa, as Temporary Guardian of the Estates of R. F. R. and R. J. R., Minors, and Olga Flores, as Temporary Administrator of the Estate of Yolanda Iris Flores v. Bay Area Health Care Group, Ltd. D/B/A Corpus Christi Medical Center, Hidalgo County EMS, and Hidalgo County Emergency Medical Service Foundation
Tex. App. · 2015 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex.2007) (citing In re Kuntz, 124 In May 2013, Barajas sued SMC for medical negligence S.W.3d 179, 181 (Tex.2003)); Boada, 304 S.W.3d at 533 . alleging that the hospital allowed Barajas “to drop to the floor However, a trial court does not abuse its discretion merely after the 3/17/11 surgery” and committed *539 “[o]ther acts because it decides a matter within its discretion differently and/or omissions of negligence.” Barajas timely served expert than a reviewing court.
cited Cited as authority (rule) in Re Deutsche Bank Securities Inc.
Tex. App. · 2015 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (citing In re Prudential Ins.
cited Cited as authority (rule) in Re Harlan Levien, Stephen Levien, Kenneth Ives, and Parvin Johnson, Jr.
Tex. App. · 2015 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
discussed Cited as authority (rule) Alinea Family Hospice Care LLC D/B/A Alinea Family Hospice Care, Donna Junkersfeld and Karla Gamble v. Peggy Goldsmith, Individually and on Behalf of the Estate of Ruth N. Massey (2×)
Tex. App. · 2015 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2003) ....................................................... 8 Lewis v. Funderburk, 2008 Tex. App. LEXIS 9761 (Tex. App.—Waco 2008, pet. denied) ..................................................................................................................................... 8 Lewis v. Funderburk, 253 S.W.3d 204 (Tex.2008) ............................................................... 4, 9 Lopez v. Brown, 356 S.W.3d 599 (Tex. App.—Houston [1st Dist.] 2011, no pet.) .........15 Mokkala v. Mead, 178 S.W.3d 66 (Tex. App.-Houston [14th Dist.] 2005, pet. deni…
examined Cited as authority (rule) City of Plainview Texas, William Mull, in His Official Capacity as Chief of Police of the City of Plainview Police Department, and Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Department v. Korey Ferguson (3×) also: Cited "see"
Tex. Crim. App. · 2015 · confidence medium
In re Southwest Bell Telephone Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) .
discussed Cited as authority (rule) Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez
Tex. App. · 2015 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex.2007), citing In re Kuntz, 124 S.W.3d 179, 181 (Tex.2003); Boada, 304 Dr. Adler S.W.3d at 533 . [3] [4] Appellants first argue that Dr. Adler’s report was insufficient to establish causation as the report did not address how each named defendant’s conduct caused the injury.
cited Cited as authority (rule) in Re Nanelle Serio
Tex. App. · 2014 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) the Good Shepherd Hospital, Inc. v. Ronald Masten
Tex. App. · 2014 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex. 2007).
cited Cited as authority (rule) Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Sierra Medical Center v. Mariva J. Barajas
Tex. App. · 2014 · confidence medium
Co., 226 S.W.3d 400, 403 (Tex.2007) (citing In re Kuntz, 124 S.W.3d 179, 181 (Tex.2003)); Boada, 304 S.W.3d at 533 .
cited Cited as authority (rule) in Re Jonathan Hauck
Tex. App. · 2014 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding) (citing In re Prudential Ins.
cited Cited as authority (rule) Kevin Mauldin v. Ransom Industries, Inc. D/B/A Tyler Pipe and McWane, Inc.
Tex. App. · 2014 · confidence medium
Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007).
Retrieving the full opinion text from the archive…
In Re SOUTHWESTERN BELL TELEPHONE COMPANY, L.P., Relator
05-0511.
Texas Supreme Court.
Jun 1, 2007.
226 S.W.3d 400
2007 Tex. LEXIS 466
2007 WL 1576025
James A. Baker, Weston C. Loegering, Stanford Purser, Hughes & Luce, LLP, Kara Lea Altenbaumer-Price, Dallas, Robert Patrick Rodriguez, Eduardo R. Rodriguez, Rodriguez, Colvin, Chaney & Saenz, L.L.P., Brownsville, Cynthia F. Malone, SBC Texas Legal Department, Pamela St. John, Southwestern Bell Telephone, San Antonio, Mike A. Hatchell, Locke Liddell & Sapp, LLP, Austin, Geoffrey M. Kline-berg, Kellogg Huber Hansen Todd & Evans, PLLC, Scott H. Angstreich, Kellog, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, for Relator., Timothy J. Herman, Sean E. Breen, Herman, Howry & Breen, L.L.P., Mark Foster, Foster & Hunter, Christopher Malish, Foster Malish Blair & Cowan, Austin, Gilberto Hinojosa, Magallanes Hi-nojosa & Mancias, Brownsville, for Real Parties in Interest., John R. Hulme, Natural Resources Division, Austin, for Amicus Curiae.
Johnson.
Cited by 182 opinions  |  Published
Justice JOHNSON

delivered the opinion of the Court.

The issue in this case is whether the Public Utility Commission has primary jurisdiction to resolve threshold questions about the meaning and effect of certain telephone interconnection agreements between Southwestern Bell Telephone Company and the plaintiff local exchange telephone service carriers. We conclude that it does, and conditionally grant mandamus relief.

I. Background

In 1996, Congress opened local telephone service to competition by enacting the Federal Telecommunications Act (FTA). Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56. Telephone companies that provide local calling services are referred to as local exchange carriers or LECs. Certain LECs such as relator Southwestern Bell Telephone Company historically held a monopoly in providing the services and are referred to as incumbent LECs or ILECs. Sw. Bell Tel. Co. v. Pub. Util. Comm’n, 208 F.3d 475, 477 (5th Cir.2000). Historically, the ILECs owned extensive telecommunication networks. AT & T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 371, 119 S.Ct. 721, 142 L.Ed.2d 835 (1999) (noting that ILECs “owned, among other things, the local loops (wires connecting telephones to switches), the switches (equipment directing calls to their destinations), and the[*402] transport trunks (wires carrying calls between switches) that constitute a local exchange network”). LECs such as plaintiffs in the trial court, who are real parties in interest here, compete with ILECs and are called competitive local exchange carriers (CLECs). The FTA requires each ILEC to share its network with competitors. Sw. Bell Tel. Co., 208 F.3d at 477. The FTA allows a CLEC to access an ILEC’s network in three ways: by purchasing local telephone services at wholesale rates for resale to end users; by leasing elements of the incumbent’s network on an unbundled basis; and by interconnecting its own facilities with the ILEC’s network. AT & T Corp., 525 U.S. at 371, 119 S.Ct. 721.

Under the FTA, interconnection agreements must be approved by the Public Utility Commission (PUC). See 47 U.S.C. § 252(e) (2001). CLECs may, but need not, separately negotiate contracts with the ILEC. If a CLEC chooses not to separately negotiate a contract, the FTA also allows it to adopt (1) an existing agreement that any other CLEC has entered into with the ILEC, or (2) a standard-form “T2A" agreement developed by Southwestern Bell and other CLECs. If parties cannot reach an agreement when negotiating the terms of an interconnection agreement, then either party can ask the PUC to arbitrate the unresolved issues. See 47 U.S.C. §§ 252(b), (c).

Each of the CLEC plaintiffs in this case contracted with Southwestern Bell by adopting either the T2A agreement or an existing previously negotiated agreement. The interconnection agreements entered into by the parties provided that Southwestern Bell would charge the plaintiff CLECs between $5.00 and $25.00 for certain services.

After the plaintiffs and Southwestern Bell entered into their interconnection agreements, the PUC conducted two arbi-trations to set rates for other CLECs’ interconnection agreements when those CLECs were unable to agree on negotiated prices with Southwestern Bell. Those proceedings are referred to as the “Mega-Arb” and “AccuTel” [1] arbitrations. In the Mega-Arb and AccuTel proceedings the PUC set rates, for certain services to be supplied by Southwestern Bell at prices between $2.56 and $5.00. The plaintiffs in this case had contracted to pay between $5.00 and $25.00 for the same services.

Following the PUC’s decisions in the Mega-Arb and AccuTel proceedings, the plaintiffs brought suit, asserting that Southwestern Bell had been overcharging them because the rates in their contracts were substantially higher than the rates set in the Mega-Arb and AccuTel arbitration proceedings. The causes of action asserted by plaintiffs include (1) Deceptive Trade Practices Act (DTPA) [2] violations, (2) unjust enrichment/money had and received, (3) violations of Texas anti-trust laws, and (4) fraud.

Southwestern Bell removed the suit to federal court, but the federal court remanded the case. The plaintiffs and Southwestern Bell both moved for summary judgment in state court. In the alternative, Southwestern Bell also sought referral to the PUC on the basis that the PUC had primary jurisdiction to decide threshold issues regarding the interconnection agreements. The motions were denied. Southwestern Bell then sought, but was denied, mandamus relief from the Thirteenth Court of Appeals. Southwest-[*403] em Bell now requests this Court to issue a writ of mandamus directing the trial court to (1) refer the issues regarding the interconnection agreements to the PUC and (2) abate the case while the PUC reviews the issues referred. The PUC has filed an amicus brief in support of Southwestern Bell’s position.

II. Mandamus Standards

In order to obtain mandamus relief a relator must show that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004). A trial court abuses its discretion if it fails to analyze or apply the law correctly. In re Kuntz, 124 S.W.3d 179, 181 (Tex.2003). An adequate remedy by appeal does not exist under circumstances such as those presented by this matter if trial is erroneously permitted to go forward because allowing the trial to proceed would interfere with the important legislatively mandated function and purpose of the PUC. In re Entergy Corp., 142 S.W.3d 316, 321 (Tex.2004); see also State v. Sewell, 487 S.W.2d 716, 719 (Tex.1972) (noting the importance of administrative agencies and concluding that the judicial system should avoid improper restraints on administrative proceedings).

III. Analysis — Primary Jurisdiction

Southwestern Bell argues that referral to the PUC and abatement of the suit is required because the PUC has primary jurisdiction over questions regarding interpretation and enforceability of the parties’ interconnection agreements. We agree. [3]

Primary jurisdiction “allocated] power between courts and agencies when both have authority to make initial determinations in a dispute.” Subaru of Am. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 221 (Tex.2002). Trial courts should defer to appropriate administrative agencies when (1) the agency is staffed with experts trained in handling complex problems within the agency’s purview, and (2) great benefit is derived from the agency’s uniform interpretation of laws within its purview and the agency’s rules and regulations when courts and juries might reach differing results under similar fact situations. Id. Both requirements are met in this case.

The PUC is staffed with experts who routinely consider the validity and enforceability of interconnection agreements. In addition to approving the interconnection agreements in the first instance, the PUC also retains authority to interpret and enforce the interconnection agreements when disputes arise about their meaning or effect. Sw. Bell Tel. Co. v. Pub. Util. Comm’n, 208 F.3d 475, 479-80 (5th Cir.2000) (“[T]he [FTA’s] grant to the state commissions of plenary authority to approve or disapprove these interconnection agreements necessarily carries with it the authority to interpret and enforce the provisions of agreements that state commissions have approved.”). State commissions have been said to act as “deputized federal regulators” under the FTA and have developed expertise in enforcing and interpreting the requirements of the FTA. MCI Telecomms. Corp. v. Illinois Bell Tel. Co., 222 F.3d 323, 344 (7th Cir.2000).

In addition to the PUC’s having expertise in interpreting interconnection agree[*404] ments, its uniform interpretation of the agreements provides great benefit. Conflicting jury verdicts and rulings by different courts in regard to same or similar situations and fact patterns could result in disparate treatment of the CLECs and ILEC. Disparate treatment of companies and lack of uniform decisions regarding contractual obligations could inhibit competition, compromise the PUC’s ability to perform its regulatory duties under the FTA, and frustrate Congress’s goal of providing opportunity for competition in the local-calling market. See H.R. Rep. No. 104-458, at 118 (1996), reprinted in 1996 U.S.C.C.A.N. 124 (noting that Congress enacted the FTA to promote competition in all telecommunications markets, including the local service market). Furthermore, many CLECs have identical interconnection agreements because the FTA allows each CLEC to adopt an agreement that another CLEC has entered into with the ILEC. See 47 U.S.C. § 252(1) (2001). Given Congress’s intent to promote competition and standardize the interconnection agreements, there is considerable benefit in obtaining uniform interpretation of those agreements. See Subaru of Am., 84 S.W.3d at 221.

Plaintiff CLECs assert that the PUC lacks primary jurisdiction in this case because it lacks the power to adjudicate the plaintiffs’ tort, DTPA, and antitrust claims. We disagree. Although the PUC cannot grant all the relief that the plaintiffs request, the PUC is authorized to make initial determinations regarding the validity of the interconnection agreements and their interpretation. We have held that “when the primary jurisdiction doctrine requires a trial court to defer to an agency to make an initial determination, the court should abate the lawsuit and suspend finally adjudicating the claim until the agency has an opportunity to act on the matter.” Butnaru v. Ford Motor Co., 84 S.W.3d 198, 208 (Tex.2002). Once the PUC has made its determinations regarding the interconnection agreements, then the trial court may proceed with its adjudicative function.

Plaintiffs further assert that referring the case to the PUC will provide no benefit because the previous arbitration proceedings resolved the question of what rates Southwestern Bell is authorized to charge. Again, we disagree. The arbitration decisions set rates for the future in situations where other CLECs and the ILEC could not agree between themselves what those rates should be. The proceedings did not address the validity and enforceability of different rates between parties who agreed upon those different rates.

We therefore conclude that the PUC has primary jurisdiction over questions regarding the validity and enforceability of the interconnection agreements.

IV. Analysis — Waiver

Plaintiff CLECs contend that mandamus relief is not warranted in this case because Southwestern Bell (1) waited too long to seek a hearing on primary jurisdiction, and (2) waited too long before pursuing mandamus relief after the trial court refused to abate the case. Plaintiffs rely primarily on Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367 (Tex.1993). In River-center, we held that “[although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles,” and one such principle is that “ ‘[ejquity aids the diligent and not those who slumber on their rights.’ ” Id. (quoting Callahan v. Giles, 137 Tex. 571, 155 S.W.2d 793, 795 (1941)). In that case, Rivercenter sought mandamus relief to quash a jury trial demand because the parties had contractually agreed to waive a jury. We held that relief was not appropriate when[*405] Rivercenter was sent notice on the day the jury demand was filed, yet for no apparent reason delayed filing its motion to quash for over four months.

We disagree for two reasons. First, the record in this case does not reflect unexplained delay in asserting the primary jurisdiction issue. Southwestern Bell raised the issue in federal court, then raised it again in the state trial court on April 25, 2003 — less than a month after the federal court remanded the case.

Second, the CLECs do not contend that Southwestern Bell substantially invoked the litigation process to the CLECs’ prejudice. In re Vesta Ins. Group, Inc., 192 S.W.3d 759, 763 (Tex.2006). And, delay alone does not generally establish waiver. Id. Southwestern Bell filed, on September 13, 2004, its separate motion for summary judgment, or in the alternative, motion to defer to the PUC based on primary jurisdiction. [4] The trial court heard argument on the motion on December 2, 2004 and orally denied it at that time. The trial court entered a written order on April 18, 2005. Southwestern Bell filed its petition for writ of mandamus in the court of appeals less than one month later. These facts do not present a situation in which Southwestern Bell failed to timely assert the issue of primary jurisdiction or is barred by prejudicial delay from asserting that the PUC has primary jurisdiction. See id. To the contrary, Southwestern Bell raised the issue of primary jurisdiction promptly, sought a hearing within the timeframe set by the scheduling order, and sought mandamus relief soon after its motion was denied.

V. Conclusion

We hold that the trial court abused its discretion in refusing to abate the case to allow the PUC to exercise its primary jurisdiction. We further hold that (1) permitting trial to go forward before the PUC completes its exercise of primary jurisdiction would interfere with the important legislatively mandated function and purpose of the PUC in the construct established by the FTA, and (2) there is no adequate remedy by appeal if trial proceeds before the PUC completes exercise of its primary jurisdiction.

Accordingly, we conditionally grant mandamus relief. The trial court is directed to abate the case and proceed in accordance with this opinion. We are confident that the trial court will comply; the writ will issue only if it fails to do so.

1

. AccuTel was originally a plaintiff in the underlying proceeding in this case. The trial court severed AccuTel’s claim.

2

. Tex. Bus. & Com.Code §§ 17.41-63.

3

. Southwestern Bell also argues that abatement and referral to the PUC is warranted because the PUC has exclusive jurisdiction over threshold issues. Because Southwestern Bell seeks only abatement and not dismissal of the case, we decide the case based on primary jurisdiction and do not reach the question of exclusive jurisdiction.

4

. The mandamus record does not contain the trial court’s scheduling order. However, Southwestern Bell asserts, and the CLECs do not dispute, that Southwestern Bell filed its motion in accordance with the trial court’s scheduling order.