US WEST COMMUNICATIONS, INC. v. JENNINGS

Nos. 99-16247, 99-16264, 99-16330.

304 F.3d 950 (2002)

US WEST COMMUNICATIONS, INC., a Colorado corporation, Plaintiff-counter-defendant-Appellee, v. Renz D. JENNINGS, as a member of the Arizona Corporation Commission; Carl J. Kunasek, as a member of the Arizona Corporation Commission; James M. Irvin, as a member of the Arizona Corporation Commission, Defendants-cross-defendants-Appellees, American Communications Services, Inc., a Delaware corporation aka espire Communications, Inc., Defendant-counter-claimant-cross-claimant-Appellant. US West Communications, Inc., a Colorado corporation, Plaintiff-Appellee, v. Renz D. Jennings, as a member of the Arizona Corporation Commission; Carl J. Kunasek, as a member of the Arizona Corporation Commission; TCG Phoenix, a general partnership; Arizona Corporation Commission; James M. Irvin, Defendants, and Brooks Fiber Communications of Tucson, Inc., a Delaware corporation; MCI Telecommunications Corporation, a Delaware corporation; MCImetro Access Transmission Services, Inc., a Delaware corporation; MFS Communications Company, Inc., a Delaware corporation; MFS Intelenet of Arizona, Inc., a Delaware corporation; Worldcom Technologies, Inc., a Delaware corporation, Defendants-Appellants. US West Communications, Inc., a Colorado corporation, Plaintiff-counter-defendant-Appellee, v. Renz D. Jennings, as a member of the Arizona Corporation Commission; Carl J. Kunasek, as a member of the Arizona Corporation Commission; James M. Irvin, as a member of the Arizona Corporation Commission, Defendants-cross-defendants-Appellees, AT & T Communications of the Mountain States, Defendant-counter-defendant-Appellant, TCG Phoenix, a general partnership, Defendant-cross-claimant-Appellant, American Communications Services, Inc., a Delaware corporation aka espire Communications, Inc., Defendant-counter-claimant-cross-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 27, 2000.

Resubmitted September 17, 2002.

Filed September 23, 2002.


Attorney(s) appearing for the Case

Timothy J. Berg, Fennemore Craig, Phoenix, AZ, for plaintiff-counter-defendant-appellee US West Communications.

Michael D. Warden, Sidley & Austin, Washington, DC, for defendants-appellees-cross-appellants TCG Phoenix, AT & T Communications of the Mountain States, Inc.

Jodie L. Kelley, Jenner & Block, Washington, DC, for defendants-appellees-cross-appellants MCI Telecommunications Corp., MCImetro Access Transmission Services, Inc., Worldcom Technologies, Inc., and Brooks Fiber Communications of Tucson, Inc.

Michael Patten, Brown & Bain, P.A., Phoenix, AZ, for defendant-appellee-cross-appellant e-spire Communications.

Daniel M. Waggoner, Davis Wright Tremaine LLP, Seattle, WA, for defendants-appellees-cross-appellants AT & T Wireless Services, Inc.

Maureen A. Scott, Phoenix, AZ, for defendants-appellees Arizona Corporate Commission.

Before GOODWIN, GRABER, and W. FLETCHER, Circuit Judges.


OPINION

WILLIAM A. FLETCHER, Circuit Judge.

These appeals require us to determine whether various interconnection agreements, arbitrated and approved by the Arizona Corporation Commission ("ACC"), between U.S. West Communications ("US West")1 and competing telephone companies are consistent with the Telecommunications Act of 1996, Pub.L. 104-104, 100 Stat. 56 ("the Act"), and its...

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