At & T Communications, Plaintiff-Appellant,
v.
Bellsouth Telecommunications Inc.; Louisiana Public Service Commission; Don Owen; Irma Muse Dixon; Dale Sittig; James M. Field; Jack A. Blossman; Commissioner of Louisiana Public Service Commission, in their official capacities, Defendants-Appellees. at & T Communications of the South Central States, Inc., also known as at & T, Plaintiff-Appellant,
v.
BellSouth Telecommunications Inc.; Louisiana Public Service Commission; Don Owen, The Commissioners of the Louisiana Public Service Commissioners in their Official Capacity; Irma Muse Dixon, The Commissioners of the Louisiana Public Service Commissioners in their Official Capacity; Dale Sittig, The Commissioners of the Louisiana Public Service Commissioners in their Official Capacity; James M. Field, The Commissioners of the Louisiana Public Service Commissioners in their Official Capacity; Jack A. Blossman Jr., The Commissioners of the Louisiana Public Service Commissioners in their Official Capacity, Defendants-Appellees. American Communication Services of Louisiana, Inc.; American Communication Services of Baton Rouge, Inc.; American Communication Services of Shreveport, Inc., Plaintiffs-Appellants,
v.
BellSouth Telecommunications Inc.; The Louisiana Public Service Commission; Don Owen; Irma Muse Dixon; Dale Sittig; James M. Field; Jack A. Blossman, also known as Jay Blossom; Commissioners of The Louisiana Public Service Commission, in their official capacities, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
January 16, 2001.
January 16, 2001.
Attorney(s) appearing for the Case
Carter G. Phillips, Stephen Blake Kinnaird (argued), David L. Lawson, Sidley & Austin, Washington, DC, David Laurence Guerry, Long Law Firm, Baton Rouge, LA, for AT&T Communications.
David Paul Murray, Randy Branitsky, Willkie Farr & Gallagher, Washington, DC, for Spring Communications Co., L.P., Amicus Curiae.
Mark Bernard Stern (argued), Civ. Div., App. Staff, Susan Lynn Pacholski, U.S. Dept. of Justice, Washington, DC, for United States and Federal Communications Commission, Intervenors.
Edward H. Bergin, R. Patrick Vance, T. Michael Twomey, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Victoria K. McHenry, BellSouth Telecommunications, New Orleans, LA, Sean Abram Lev, Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, Samuel L. Feder, Harris, Wiltshire & Grannis, Washington, DC, for BellSouth Telecommunications Inc.
Neil T. Erwin (argued), Michael Allyn Stroud (argued), Wiener, Weiss & Madison, Shreveport, LA, Eve Kahao Gonzalez, Louisiana Public Service Com'n, Baton Rouge, LA, for Louisiana Public Service Com'n., Owen, Dixon, Sittig, Field, Blossman and Commissioner of Louisiana Public Service Com'n.
Alicia Reggie Freysinger, New Orleans, LA, Brad E. Mutschelknaus, John J. Heitmann, Kelley, Drye & Warren, Washington, DC, for American Communication Services of Louisiana, Inc., American Communication Services of Baton Rouge, Inc. and American Communication Services of Shreveport, Inc.
Before POLITZ, SMITH and DENNIS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
DENNIS, Circuit Judge:
The issues in this case are (1) whether a telecommunications carrier is barred by the Eleventh Amendment from bringing suit in federal district court against a state public service commission under Section 252(e)(6) of the Telecommunications Act of 1996, 47 U.S.C. § 151, et seq. (1996 Act or Act), for judicial review of whether the commission's arbitration determination with respect to an interconnection...
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