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PACIFIC BELL v. COOK TELECOM, INC.

No. 99-15324.

197 F.3d 1236 (1999)

PACIFIC BELL, a California corporation, Plaintiff-Appellant, v. COOK TELECOM, INC., a California corporation, and the Commissioners of the California Public Utilities Commission, in their official capacity and not as individuals, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 1999.

Attorney(s) appearing for the Case

Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, Washington, D.C., for the plaintiff-appellant.

David M. Wilson, Young, Vogl, Harlick, Wilson & Simpson, San Francisco, California; and Ida Passamonti, California Public Utilities Commission, San Francisco, California, for the defendants-appellees.

Jeffry A. Brueggeman, Denver, Colorado; Keith Townsend, Washington, D.C.; and Angela E. Giancarlo, Alexandria, Virginia, for the amici curiae.

Before: GOODWIN, SCHROEDER, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

This case presents a question of first impression in the circuit courts concerning the proper interpretation of certain sections of the Telecommunications Act of 1996: Can a paging company enter into "reciprocal compensation arrangements for the transport and termination of telecommunications"? The Federal Communications Commission (FCC) answers "yes." We hold that the relevant statutory provisions are ambiguous and that we must, therefore,...

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