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AT&T COMMUNICATIONS v. BELLSOUTH

No. 00-16459.

268 F.3d 1294 (2001)

AT&T COMMUNICATIONS OF THE SOUTHERN STATES, INC., Plaintiff-Counter-Defendant-Cross-Claimant-Appellee, v. BELLSOUTH TELECOMMUNICATIONS, INC., Defendant-Counter-Claimant-Counter-Defendant-Appellant, Florida Public Service Commission and Commissioners of the Florida Public Service Commission, in their official capacities, Defendants-Cross-Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Decided October 11, 2001.

Attorney(s) appearing for the Case

Sean A. Lev, Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC, Raoul G. Cantero, III, Adorno & Zeder, P.A., Miami, FL, for BellSouth.

Michael Joseph Hunseder, Sidley, Austin, Brown & Wood, Washington, DC, David E. Smith, Florida Public Service Com'n, Tallahassee, FL, for AT&T.

Before EDMONDSON, BIRCH and WILSON, Circuit Judges.

BIRCH, Circuit Judge:

This appeal requires us to address whether, under the Telecommunications Act of 1996, an incumbent local exchange carrier must exclude its operator services from its local telephone services package offered to new market entrants for resale. Because we disagree with the district court's determination that an incumbent carrier does have to exclude operator services from its complete services package...

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