MCI TELECOM. CORP. v. ILLINOIS BELL TELEPHONE CO.

Nos. 98-2127, 99-2811, 99-2805, 99-2873, 99-2806, 99-2992.

222 F.3d 323 (2000)

MCI TELECOMMUNICATIONS CORPORATION, a Delaware Corporation, and MCI Metro Access Transmission Services, Incorporated, a Delaware Corporation, Plaintiffs—Appellees, and United States of America and Federal Communications Commission, Intervenors—Appellees, v. ILLINOIS BELL TELEPHONE COMPANY, doing business as Ameritech Illinois, Incorporated, Defendant—Appellee, and Illinois Commerce Commission, Terry Harvill, Ruth K. Kretschmer, in their official capacities as Commissioners of the Illinois Commerce Commission and not as individuals, et al., Defendants—Appellants. Wisconsin Bell, Incorporated, doing business as Ameritech Wisconsin, Plaintiff—Appellant, v. Public Service Commission of Wisconsin, Cheryl L. Parrino, in her official capacity as a member of the Commission, Daniel J. Eastman, in his official capacity as a member of the Commission, et al., Defendants—Appellees. Wisconsin Bell, Incorporated, doing business as Ameritech Wisconsin, Plaintiff-Appellant, v. Public Service Commission of Wisconsin, Cheryl L. Parrino and Joseph P. Mettner, Commissioners of the Public Service Commission of Wisconsin, Defendants-Appellees. Wisconsin Bell, Incorporated, doing business as Ameritech Wisconsin, Plaintiff-Appellant, v. Public Service Commission of Wisconsin, Cheryl L. Parrino, Daniel J. Eastman, et al., Defendants-Appellees. MCI Metro Access Transmission Services, Incorporated, and MCI Telecommunications Corporation, Plaintiffs-Appellants, v. Public Service Commission of Wisconsin, Cheryl L. Parrino, Daniel J. Eastman, in their official capacities as members of the Commission, et al., Defendants-Appellees. Wisconsin Bell, Incorporated, doing business as Ameritech Wisconsin, Plaintiff, v. Public Service Commission of Wisconsin, Cheryl L. Parrino, Daniel J. Eastman, et al., Defendants-Appellees, and United States of America, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Reargued December 2, 1999

Decided July 24, 2000


Attorney(s) appearing for the Case

Darryl M. Bradford, Jenner & Block, Chicago, IL, Paul M. Smith, Jenner & Block, Washington, D.C., for plaintiff-appellee.

John P. Kelliher, Office of the Attorney General, Thomas R. Stanton (argued), Illinois Commerce Commission, Theodore A. Livingston, Chicago, IL, defendant-appellant.

Mark Stern (argued), Susan L. Pacholski, Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Intervenor-appellee.

Lawrence G. Malone, Public Service Commission of The State of New York, Albany, NY, Jeff E. Parker, Public Utilities Commission of Nevada, Carson City, NV, Dennis R. Yamada, State of Hawaii Public Utilities Commission Department of Budget and Finance, Honolulu, HI, for amicus curiae.

Before RIPPLE, KANNE and DIANE P. WOOD, Circuit Judges.


RIPPLE, Circuit Judge.

These consolidated appeals challenge determinations made by state regulatory commissions exercising their authority under the Telecommunications Act of 1996 ("the 1996 Telecommunications Act" or "the Act"), Pub.L. No. 104-104, 110 Stat. 56 (1996) (codified in scattered sections of Title 47 of the United States Code). We must decide whether private carriers may sue state commissions and their commissioners in federal court for alleged violations...

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