MCI TELECOMMUNICATION CORPORATION, a Delaware Corporation; Mcimetro Access Transmission Services, Inc., a Delaware Corporation; AT & T Communication of Pennsylvania; United States of America (Intervenors-Plaintiffs in District Court),
v.
BELL ATLANTIC-PENNSYLVANIA; Pennsylvania Public Utility Commission; John M. Quain; Robert K. Bloom; John Hanger; David W. Rolka; Nora M. Brownell, in their official capacities as Commissioners of the Pennsylvania Public Utility Commission Pennsylvania Public Utility Commission; John M. Quain; Robert K. Bloom; John Hanger; David W. Rolka; Nora Mead Brownell, in their official capacities as Commissioners of the Pennsylvania Public Utility Commission, Appellants,
Bell Atlantic-Pennsylvania, Inc., Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 21, 2001.
Filed November 2, 2001.
Attorney(s) appearing for the Case
Maureen F. Del Duca, Jodie L. Kelley, James A. Trilling, Jenner & Block, Jeffrey A. Rackow (Argued), MCI Worldcom, Inc., Washington, DC, Attorneys for Appellees MCI Telecom Corp. and MCIMETRO Access Transmission Services, Inc.
David M. Levy (Argued), Stephen B. Kinnaird, Michael L. Post, Sidley & Austin, Washington, DC, Daniel Clearfield, Alan C. Kohler, Joseph C. Crawford, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, Mark A. Keffer, Robert C. Barber, AT & T Communications, Oakton, VA, Attorneys for Appellee AT & T Communications of PA, Inc.
David M. Barasch, United States Attorney, Stuart E. Schiffer, Acting Assistant Attorney General, Mark B. Stern, Charles W. Scarborough, Kathleen A. Kane, United States Department of Justice Civil Division, Appellate Staff, Washington, DC, Attorneys for Appellee United States of America.
Thomas B. Schmidt, III, Donna L. Fisher, Kelly Ann Ryan, Pepper Hamilton LLP, Harrisburgh, PA, Julia A. Conover, Suzan DeBusk Paiva (Argued), Verizon Pennsylvania Inc., Philadelphia, PA, Attorneys for Appellant Bell Atlantic-Pennsylvania, Inc.
Bohdan R. Pankiw, Chief Counsel, Robert J. Longwell, Deputy Chief Counsel, Maryanne R. Martin (Argued), Assistant Counsel, Pennsylvania Public Utility Commission, Harrisburg, PA, Attorneys for Appellants Pennsylvania Public Utility Commission, John M. Quain, Robert K. Bloom, John Hanger, David W. Rolka, Nora Mead Brownell, in their official capacities as Commissioners of the Pennsylvania Public Utility Commission.
Counsel on Sovereign Immunity, Issues Exclusively, Albert G. Bixler (Argued for Appellants).
Susan D. Paiva (Argued for Appellees).
Before ROTH, AMBRO and FUENTES, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ROTH, Circuit Judge.
In passing the Telecommunications Act of 1996, Congress altered the regulatory scheme for local telephone service. The Act requires that local service, which was previously operated as a monopoly overseen by the several states, be opened to competition according to standards established by federal law. Under the Act, the incumbent local telephone service carriers must negotiate or arbitrate agreements with competitive...
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