AT&T CORP. v. PUBLIC UTILITY COM'N OF TEXAS

No. 03-50454.

373 F.3d 641 (2004)

AT&T CORP. and AT&T Communications of Texas LP, Plaintiffs-Appellees, v. PUBLIC UTILITY COMMISSION OF TEXAS; et al., Defendants, Rebecca Klein, in her official capacity as Chairman of the Public Utility Commission of Texas; Paul Hudson, in his official capacity as Commissioner of the Public Utility Commission of Texas; Julie Parsley, in her official capacity as Commissioner of the Public Utility Commission of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 30, 2004.


Attorney(s) appearing for the Case

Thomas K. Anson (argued), Strasburger & Price, Austin, TX, for Plaintiffs-Appellees.

Kristen L. Worman (argued) and Steven R. Baron, Asst. Attys. Gen., Austin, TX, for Defendants-Appellants.

Fred David Butler, Pub. Serv. Com'n of SC, Columbia, SC, for South Carolina Pub. Serv. Com'n, Amicus Curiae.

James Bradford Ramsay, Nat. Ass'n of Regulatory, Washington, DC, for National Ass'n of Regulatory Utility Com'rs, Amicus Curiae.

Peter Michael Bluhm, Vermont Pub. Serv. Bd., Montpelier, VT, for State of VT, Amicus Curiae.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Defendants, the commissioners of the Texas Public Utilities Commission ("Commissioners") challenge the district court's order granting plaintiffs', AT&T Corp. and AT&T Communications of Texas, LP's ("AT&T"), motion for summary judgment. The district court determined that the Telecommunications Act of 1996 ("TA96")1 preempted the Texas statute which imposed a regulatory fee on intrastate, interstate...

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