US WEST COMMUNICATIONS v. MFS INTELENET, INC.

Nos. 98-35146, 98-35203.

193 F.3d 1112 (1999)

US WEST COMMUNICATIONS, Plaintiff-Appellant, v. MFS INTELENET, INC.; Sharon L. Nelson, Chairman; Richard Hemstad, Commissioner; William P. Gillis, Commissioner, in their official capacities as Commissioners of the Washington Utilities and Transportation Commission; and Washington Utilities and Transportation Commission, (WUTC), Defendants-Appellees. US West Communications, Plaintiff-Appellant, v. TCG Seattle, a limited partnership; Anne Levinson, Chairperson; Richard Hemstad, Commissioner; William P. Gillis, Commissioner, in their official capacities as Commissioners of the Washington Utilities and Transportation Commission; and Washington Utilities and Transportation Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 8, 1999.


Attorney(s) appearing for the Case

Sherilyn Peterson and Kirstin S. Dodge, Perkins Coie, Bellevue, Washington, Norton Cutler, U.S. West Law Department, Denver, Colorado, for the plaintiff-appellant.

Daniel M. Waggoner, Seattle, Washington, Shannon E. Smith, Assistant Attorney General, Olympia Washington, for the defendants-appellees.

Joel VanOver and Douglas G. Bonner, Swidler & Berlin, Washington, D.C., for the defendant-appellee.

Paul M. Gordon, Gordon & Goddard, Oakland, California, for the defendant-appellee.

Susan L. Pacholski, United States Department of Justice, Washington, D.C., for the amicus.

Before: BROWNING and HAWKINS, Circuit Judges, and SHADUR, District Judge.


JAMES R. BROWNING, Circuit Judge:

The Telecommunications Act of 1996(Act) is designed to foster competition in local and long distance telephone markets. The local competition provisions of the Act require incumbent local exchange carriers (defined in 47 U.S.C. § 251(h)(1)) to allow other local exchange carriers access to the incumbent carrier's networks or services to enable them to compete in providing local telephone...

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