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BELLSOUTH TELECOMMUNICATIONS v. TOWN OF PALM BEACH

Nos. 99-14272, 99-14292.

252 F.3d 1169 (2001)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. TOWN OF PALM BEACH, a Florida municipal corporation, Defendant-Counter-Claimant-Appellant-Cross-Appellee. Bellsouth Telecommunications, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. Coral Springs, City Of, Defendant-Counter-Claimant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 25, 2001.

Attorney(s) appearing for the Case

William R. Malone, Joseph Van Eaton, Miller & Van Eaton, P.L.L.C., Washington, DC, for Town of Palm Beach and City of Coral Gables.

John C. Randolph, Jones, Foster, Johnston & Stubbs, West Palm Beach, FL, for Town of Palm Beach.

Kerry L. Ezrol, Josias, Goren, Cherof, Doody & Ezrol, P.A., Ft. Lauderdale, FL, for City of Coral Gables.

John R. Hargrove, Heinrich, Gordon, Hargrove, Weihe & James, P.A., Fort Lauderdale, FL, Dorian S. Denburg, Bell-South Telecommunications, Inc., Atlanta, GA, for BellSouth Telecommunications, Inc.

John R. Beranek, Ausley & McMullen, Tallahassee, FL, for Sprint Communications Co.

Rodney E. Gaddy, Florida Power Corp., Saint Petersburg, FL, for Florida Power Corp.

Peter J. Hopkins, Spiegel & McDiarmid, Washington, DC, for Broward Cty.

Before BIRCH and BLACK, Circuit Judges, and NESBITT, District Judge.

BIRCH, Circuit Judge:

This appeal requires us, as a matter of first impression in this circuit, to answer two questions pertaining to § 253 of the Telecommunications Act of 1996: (1) what is the preemptive scope of § 253; and (2) who may seek enforcement of the provisions of § 253? Because we disagree with the district court's interpretation and application of § 253, and also, in part, because amendments were made to relevant state laws after the...

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