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CINCINNATI BELL TEL. CO. v. PUB. UTIL. COMM.

No. 00-507.

92 Ohio St.3d 177 (2001)

CINCINNATI BELL TELEPHONE COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Frost & Jacobs, L.L.P., and Douglas E. Hart, for appellant.

Betty D. Montgomery, Attorney General, Duane W. Luckey, Steven T. Nourse and Stephen A. Reilly, Assistant Attorneys General, for appellee.

Vorys, Sater, Seymour & Pease, L.L.P., Philip F. Downey and Benita A. Kahn; David J. Chorzempa; Sidley & Austin, Michael D. Warden and David L. Lawson, urging affirmance for amicus curiae TCG Ohio.

Bell, Royer & Sanders Co., L.P.A., and Judith B. Sanders, urging affirmance for amicus curiae WorldCom, Inc.

PFEIFER, J.

In 1996, the United States Congress sought to provide for local market competition in the telecommunications industry with the passage of the Telecommunications Act of 1996 (the "1996 Act"). The 1996 Act allows for new competitive local exchange carriers ("CLECs") to enter local telephone markets by several mechanisms. One mechanism involves the CLEC's access to parts of the network of an incumbent local exchange carrier ("ILEC") as unbundled...

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