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MCIMETRO ACCESS TRANS. SERV. v. BELLSOUTH TELECOMM.

No. 03-1238.

352 F.3d 872 (2003)

MCIMETRO ACCESS TRANSMISSION SERVICES, INCORPORATED, a Delaware Corporation, Plaintiff-Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, A Georgia Corporation; Joanne Sanford, in her official capacity as Chair of the North Carolina Utilities Commission; J. Richard Conder; Robert V. Owens, Jr.; Sam J. Ervin, IV; Lorinzo L. Joyner; James Y. Kerr, II; Michael S. Wilkins, in their official capacities as Commissioners of the North Carolina Utilities Commission, Defendants-Appellees, and North Carolina Utilities Commission, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2003.

Attorney(s) appearing for the Case

ARGUED: Michael Brian DeSanctis, JENNER & BLOCK, L.L.C., Washington, D.C., for Appellant. Sean Abram Lev, KELLOGG, HUBER, HANSEN, TODD & EVANS, P.L.L.C., Washington, D.C., for Appellees. ON BRIEF: Donald B. Verrilli, Jr., Daniel Mach, JENNER & BLOCK, L.L.C., Washington, D.C.; Jeffrey A. Rackow, MCI, Washington, D.C., for Appellant. Eugene M. Paige, KELLOGG, HUBER, HANSEN, TODD & EVANS, P.L.L.C., Washington, D.C.; M. Gray Styers, Jr., KILPATRICK STOCKTON, L.L.P., Raleigh, North Carolina; Edward L. Rankin, III, General North Carolina, BELLSOUTH TELECOMMUNICATIONS, INC., Raleigh, North Carolina, for Appellees.

Before LUTTIG, WILLIAMS, and KING, Circuit Judges.

Reversed in part, vacated in part, and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

WILLIAMS, Circuit Judge:

In this appeal, MCImetro Access Transmission Services LLC (MCI) challenges the legality, under the Telecommunications Act of 1996 (the 1996 Act), see 47 U.S.C.A. §§ 251-276 (West 2001 & Supp.2003), of three...

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