FLORIDA DIGITAL NETWORK, INC., a Delaware corporation, Plaintiff-Appellant, v. 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, 195 F. App'x 944

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 well-reasoned order of November 2, 2005. AFFIRMED.