U.S. WEST COMMUNICATIONS, INC., a Colorado corporation, Plaintiff-Appellant,
v.
The ARIZONA CORPORATION COMMISSION, an agency of the State of Arizona; Renz D. Jennings, Marcia Weeks and Carl J. Kunasek, as members of the Arizona Corporation Commission; and Brooks Fiber Communications of Tucson, Inc., a Delaware corporation; MFS Intelenet of Arizona, Inc.; TCG Phoenix; Electric Lightwave, Inc.; MCI Metro Access Transmission Services, Inc.; AT & T Communications of the Mountain States, Inc.; GST Net (AZ), Inc.; American Communications Services of Pima County, Inc.; Sprint Communications Company, L.P.; Cox Arizona Telcom, Inc.; Winstar Wireless of Arizona, Inc., Defendants-Appellees.
Court of Appeals of Arizona, Division 1, Department E.https://leagle.com/images/logo.png
August 29, 2000.
August 29, 2000.
Attorney(s) appearing for the Case
U.S. West Law Department by Thomas Dethlefs, Denver, CO, and Fennemore Craig by Timothy Berg and Janice Procter-Murphy, Phoenix, Attorneys for Appellant.
Janet F. Wagner, Janice M. Alward, Phoenix, Attorneys for the Arizona Corporation Commission.
Lewis and Roca LLP by Patricia K. Norris, Thomas H. Campbell, W. Todd Coleman, Phoenix, and Thomas F. O'Neil III, Mark B. Ehrlich, Washington, D.C., Attorneys for Appellees MCI Metro Access Transmission Services, Inc., Brooks Fiber Communications of Tucson, Inc., and MFS Intelenet of Arizona, Inc.
Gallagher & Kennedy, P.A. by Michael M. Grant, Todd C. Wiley, Phoenix, Attorneys for Appellee Electric Lightwave, Inc.
Ridge & Isaacson, P.C. by Steven J. Duffy, Phoenix, Attorneys for Appellee Sprint Communications Company, L.P.
AT & T Law Department by Maria Arias-Chapleau, Richard S. Wolters, Denver, CO, and Osborne Maledon, P.A. by Andrew D. Hurwitz, Joan S. Burke, Phoenix Attorneys for Appellees AT & T Communications of the Mountain States, Inc. and TCG Phoenix.
J. Jeffrey Mayhook, Vancouver, WA, and Nancy M. Coomer, Tucson, Attorneys for Appellee GST Net (AZ), Inc.
Brown & Bain, P.A. by Lex J. Smith, Michael W. Patten, Lynne C. Adams, Phoenix, Attorneys for Appellees American Communications Services of Pima County, Inc., Cox Arizona Telecom, Inc., and WinStar Wireless of Arizona, Inc.
O'Connor, Cavanagh, Molloy, Jones by Russell E. Jones and D. Michael Mandig, Tucson, Attorneys for Amicus Curiae Trico Electric Cooperative, Inc.
Arizona Center for Law in the Public Interest by Timothy M. Hogan, Phoenix, Attorneys for Amicus Curiae Arizona Consumers Council.
Court of Appeals of Arizona, Division 1, Department E.
OPINION
RYAN, Judge.
¶ 1 The advent of competition has dramatically altered the local telecommunications services monopoly held since Arizona statehood by U.S. West Communications, Inc. ("US West") and its predecessor. This new environment for providing telecommunications service has generated numerous legal disputes as Arizona develops a regulatory scheme that addresses competition. The primary question we must answer in this appeal is whether the...
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