BELLSOUTH TELECOM. v. MCIMETRO ACCESS TRANSMISSION

Nos. 00-12809, 00-12810.

278 F.3d 1223 (2002)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, United States of America, Intervenor-Appellant, v. MCIMETRO ACCESS TRANSMISSION SERVICES, INC., Defendant-Counter-Claimant-Appellee, Georgia Public Service Commission, Robert B. Baker, Jr., in his official capacity as Chairman, Lauren "Bubba" McDonald, in his official capacity as Commissioner, Robert Durden, in his official capacity as Commissioner, Stancil O. Wise, in his official capacity as Commissioner, Defendants-Appellees-Cross-Appellants. BellSouth Telecommunications, Inc., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, United States of America, Intervenor-Appellant, v. WorldCom Technologies, Inc., a successor in interest to MFS Intelenet of Georgia, Inc., Defendant-Counter-Claimant-Appellee, E.Spire Communications, Inc., formerly known as American Communications Services, Inc., Nextlink Georgia, Inc., Teleport Communications Atlanta, Inc., Defendants-Appellees, Georgia Public Service Commission, Robert B. Baker, Jr., in his official capacity as Chairman, Lauren "Bubba" McDonald, in his official capacity as Commissioner, Robert Durden, in his official capacity as Commissioner, Stancil O. Wise, in his official capacity as Commissioner, Defendants-Appellees-Cross-Appellants, ICG Telecom Group, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

January 10, 2002.


Attorney(s) appearing for the Case

Michael E. Brooks, Robert P. Marcovitch, Kilpatrick, Stockton, LLP, Robert David Powell, Atlanta, GA, Michael K. Kellogg, Sean A. Lev, Aaron M. Panner, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Mark B. Stern, Charles W. Scarborough, Dept. of Justice, App. Staff. Civ. Div., Washington, DC, for BellSouth Telecommunications, Inc. and United States.

John J. Hamill, Jenner & Block, Chicago, IL, for MCImetro Access Transmission Services, Inc. and WorldCom Technologics, Inc.

Daniel Stephen Walsh, Office of Consumer Affairs, Atlanta, GA, for Georgia Public Service Commission.

Thomas K. Bond, c/o Georgia Public Serv. Com'n, Atlanta, for Baker and Durden.

John W. Sandifer, Gerry, Friend & Sapronov, LLP, Atlanta, GA, for Nextlink Georgia.

Suzanne W. Ockleberry, Atlanta, GA, for Teleport Communication Atlanta, Inc.

Teresa Wynn Roseborough, Haley B. Riddle, David Isaac Adelman, Carla W. McMillian, Sutherland, Asbill & Brennan, LLP, Atlanta, GA, Darryl M. Bradford, Jenner & Block, Chicago, IL, Harold D. Melton, Georgia Dept. of Law, Charles V. Gerkin, Jr., Atlanta, GA, Newton M. Galloway, Dean Richard Fuchs, Smith, Galloway, Lyndall & Fuchs, LLP, for Appellees.

C. LeeAnn McCurry, William N. Withrow, Jr., Troutman Sanders, Atlanta, GA, for Teleport Communication Atlanta, Inc., Intervenor.

Before TJOFLAT, BARKETT and POLITZ, Circuit Judges.


TJOFLAT, Circuit Judge:

In these consolidated appeals, we are asked to review two orders of the Georgia Public Service Commission (the "GPSC"), which interpreted contracts between telecommunications carriers. The contracts were interconnection agreements mandated by the federal Telecommunications Act of 1996, 110 Stat. 56, 56 (1996). The United States District Court for the Northern District of Georgia, believing that the GPSC had the authority to interpret these...

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