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SOUTHWESTERN BELL TELEPHONE v. BROOKS FIBER COMMS.

No. 99-5222.

235 F.3d 493 (2000)

SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Appellant, v. BROOKS FIBER COMMUNICATIONS OF OKLAHOMA, INC.; Brooks Fiber Communications of Tulsa, Inc.; Ed Apple, Chairman; Bob Anthony; Denise Bode (in their official capacities as commissioners of the Oklahoma Corporation Commission); Oklahoma Corporation Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 13, 2000.

Attorney(s) appearing for the Case

Aaron M. Panner of Kellogg Huber, Hansen, Todd & Evans, P.L.L.C. (Richard C. Ford of Crowe & Dunleavy, and Charles J. Scharnberg, Southwestern Bell Telephone Company, Oklahoma City, OK, with him on the brief), Washington, DC, for Plaintiff-Appellant.

Darryl M. Bradford of Jenner & Block (John J. Hamill and John R. Harrington of Jenner & Block, Chicago, IL, and Adam H. Charnes and Mark B. Ehrlich, MCI Worldcom, Inc., Washington, DC, with him on the brief), Chicago, IL, for Defendant-Appellee Brooks Fiber.

Rachel Lawrence Mor, Deputy General Counsel, Oklahoma Corporation Commission (Andrea Johnson, Senior Attorney, with her on the brief), Oklahoma City, OK, for Defendant-Appellee Oklahoma Corporation Commission.

Before BALDOCK, POLITZ, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

The Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56, codified at 47 U.S.C. § 151 et seq. (the Act), aims to encourage competition in the telephone services industry. Among other things, the Act requires telephone companies competing within the same area to "interconnect" their networks to ensure that callers who subscribe to one local telephone service can receive calls from, and place calls to, those who subscribe to...

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