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E.SPIRE COMMUNICATIONS v. NEW MEXICO PUBLIC

No. 03-2161.

392 F.3d 1204 (2004)

E.SPIRE COMMUNICATIONS, INC.; ACSI Local Switched Services, Inc., doing business as e.spire Communications, Plaintiffs-Appellants, v. NEW MEXICO PUBLIC REGULATION COMMISSION; Lynda Lovejoy; David W. King; Herb H. Hughes; Jerome D. Block; E. Shirley Baca, Commissioners of the New Mexico Public Regulation Commission; Qwest Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 21, 2004.

Attorney(s) appearing for the Case

David M. Kaufman of David M. Kaufman P.C., Santa Fe, NM, for Plaintiff-Appellant.

Margaret Caffey-Moquin, Associate General Counsel (James C. Martin, General Counsel, with her on the brief), Santa Fe, NM, for Defendants-Appellees New Mexico Public Regulation Commission and its Commissioners.

Mary Rose Hughes of Perkins Coie LLP, Washington, DC (Stephen S. Hamilton of Montgomery & Andrews, P.A., Santa Fe, NM, with her on the brief), for Defendant-Appellee Qwest Corporation.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

McKAY, Circuit Judge.

This case arose pursuant to the Telecommunications Act of 1996 (the "Act"), codified at 47 U.S.C. § 151, et seq. The district court's opinion provides a good history of the telecommunications industry and a detailed description of the instant dispute which will not be repeated at length here. The relevant facts are as follows.

In 1996, Appellant e.spire Communications, Inc.'s predecessor, American Communications Services,...

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