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AT & T COMM. OF N.J., INC. v. VERIZON N.J., INC.

No. 00-2000.

270 F.3d 162 (2001)

AT & T COMMUNICATIONS OF NEW JERSEY, INC.; State of New Jersey Division of the Ratepayer Advocate, Plaintiff-Intervenor in district court, v. *VERIZON NEW JERSEY, INC.; The New Jersey Board of Public Utilities, an agency; Herbert H. Tate; Carmen J. Armenti, in their capacities as Commissioners of the Board of Public Utilities, State of New Jersey Division of the Ratepayer Advocate, Appellant. *(Amended-See Clerk's order dated December 19, 2000)

United States Court of Appeals, Third Circuit.

Filed November 1, 2001.

Attorney(s) appearing for the Case

Blossom A. Peretz (argued), Ratepayer Advocate, Division of the Ratepayer Advocate, Newark, 31 Clinton Street, 11th Floor P.O. Box 46005 New Jersey, 07101, Attorney for Appellant New Jersey Division of the Ratepayer Advocate.

Frederic K. Becker, Esq. (argued), Wilentz, Goldman & Spitzer, A Professional Corporation, 90 Woodbridge, Center Drive P.O. Box 10 Woodbridge, New Jersey 07095-0958, Attorney for Appellee Verizon New Jersey, Inc.

Eugene P. Provost, Deputy Attorney General (argued), John J. Farmer, Jr., Attorney General of New Jersey, R.J. Hughes Justice Complex, P.O. Box 112 Trenton, New Jersey 08625, Attorney for Appellees New Jersey Board of Public Utilities, Herbert H. Tate and Carmen J. Armenti in their capacities as Commissioners of the Board of Public Utilities.

Before: ROTH, AMBRO and FUENTES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

This case arises out of a special proceeding conducted by the New Jersey Board of Public Utilities ("Board") to determine rates that would be generally available to telecommunications carriers seeking to negotiate or arbitrate interconnection agreements under the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (1996) ("Telecommunications Act" or "1996 Act"). The Board decided to substitute these...

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