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Long Distance International, Inc. v. Telefonos De Mexico, S.A.

Federal Communications Act '214 applies only to the construction of facilities and does not prevent carriers from offering new services.

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AFFIRMED IN PART; REVERSED AND REMANDED IN PART

This case is on remand from the Texas Supreme Court. Long Distance International, Inc. and Star Marketing Service, Inc. (jointly referred to as “LDI/Star”) appeal an order granting summary judgment in favor of Telefonos de Mexico, S.A. (“Telmex”), SBC International, Inc. and SBC Communications, Inc. (jointly referred to as “SBC”). In our original opinion, we affirmed the trial court’s judgment, holding that the actions undertaken by LDI/Star were illegal under Mexican law, thereby precluding recovery under all of the asserted claims. See Long Distance Int’l, Inc. v. Telefonos De Mexico, S.A., 18 S.W.3d 706 (Tex. App.-San Antonio 2000), rev’d, 49 S.W.3d 347 (Tex. 2001). The Texas Supreme Court reversed our judgment, holding that LDI/Star’s actions did not violate Mexican law and remanded the cause to this court to consider whether any other asserted ground supports the trial court’s summary judgment order. *fn1 See Long Distance Int’l, Inc. v. Telefonos De Mexico, S.A., 49 S.W.3d 347 (Tex. 2001).

In LDI/Star’s brief on remand, LDI/Star contends that the trial court erred in granting summary judgment in favor of Telmex and SBC on each of the following claims asserted by LDI/Star: (1) tortious interference with contract and tortious interference with prospective business relations; (2) the Texas Antitrust Act; (3) the Texas Deceptive Trade Practices Act (“DTPA”); and (4) breach of contract. We affirm the trial court’s judgment as to LDI/Star’s claim for breach of contract. We reverse the remainder of the trial court’s judgment and remand the cause to the trial court for further proceedings consistent with this opinion.

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