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MCI TELECOMMUNICATIONS v. OHIO BELL TELEPHONE

No. 03-3525.

376 F.3d 539 (2004)

MCI TELECOMMUNICATIONS CORP., Plaintiff-Appellee, v. The OHIO BELL TELEPHONE COMPANY, d/b/a SBC Ohio, Defendant-Appellant, Alan R. Schriber, Rhonda Hartman Fergus, Judy A. Jones, Donald L. Mason, and Clarence D. Rogers, Jr., in their Official Capacities as Commissioners of the Public Utilities Commission of Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2004.

Attorney(s) appearing for the Case

Terri L. Mascherin (briefed), Daniel J. Weiss (briefed), John R. Harrington, (briefed), Jenner & Block, Chicago, IL, Jeffrey A. Rackow, Washington, DC, Donald B. Verrilli, Jr. (briefed), Washington, DC, for Plaintiff-Appellee.

Daniel R. Conway (briefed), Porter, Wright, Morris & Arthur, Columbus, OH, Dennis G. Friedman (briefed), Mayer, Brown, Rowe & Maw, Chicago, IL, for Defendant-Appellant.

Duane W. Luckey (briefed), Columbus, OH, Steven T. Nourse (briefed), Jodi J. Bair (briefed), Office of the Attorney General, Columbus, OH, William Single, IV, Allison M. Ellis, MCI Inc., Washington, DC, for Defendant-Appellee.

Before GILMAN and COOK, Circuit Judges; CLELAND, District Judge.

OPINION

CLELAND, District Judge.

Defendant-Appellant Ohio Bell Telephone Company ("SBC") appeals the district court's order affirming the arbitration decision of the Public Utilities Commission of Ohio ("PUCO"). Although PUCO arbitrated over 40 open issues between SBC and Appellee MCI Telecommunications Corp. ("MCI"), SBC appeals only one issue: whether the district court erred in its interpretation of FCC Rule 711(a)(3) and in affirming PUCO's decision...

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