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VERIZON CALIFORNIA INC. v. PEEVEY

No. 04-15155.

413 F.3d 1069 (2005)

VERIZON CALIFORNIA INC., Plaintiff-Appellant, v. Michael R. PEEVEY; Loretta M. Lynch; Carl W. Wood; Geoffrey F. Brown; Susan P. Kennedy, in their official capacities as Commissioners of the Public Utilities Commission of the State of California, and not as individuals, Defendants-Appellees, AT & T Communications of California Inc.; MCI WorldCom Communications, Inc.; MCIMetro Access Transmission Services, LLC, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2005.

Attorney(s) appearing for the Case

Henry Weissmann, Burton A. Gross, John P. Hunt and Rosemarie T. Ring, Munger, Tolles & Olson LLP, Los Angeles, CA, for plaintiff-appellant Verizon California Inc.

Randolph L. Wu, Mary F. McKenzie and Kimberly J. Lippi, San Francisco, CA, for defendants-appellees Michael R. Peevey, Loretta M. Lynch, Carl W. Wood, Geoffrey F. Brown and Susan P. Kennedy in their official capacities as Commissioners of the Public Utilities Commission of the State of California.

Catherine M. Barrad and Randolph W. Deutsch, Sidley, Austin, Brown & Wood LLP, San Francisco, CA, and David J. Miller, AT & T Communications of California, Inc., San Francisco, CA, for intervenor/defendant-appellee AT & T Communications of California, Inc.

Donald B. Verrilli, Jr., Michael B. DeSanctis and Daniel Mach, Jenner & Block LLP, Washington, D.C., and Jeffrey A. Rackow, MCI, Inc., Washington, D.C., for intervenors/defendants-appellees MCI WorldCom Communications, Inc. and MCIMetro Access Transmission Services LLC.

Before: NOONAN, BEA, Circuit Judges, and JONES, District Judge.

NOONAN, Circuit Judge:

We must decide whether an incumbent local exchange carrier's challenge to nominally "interim" rates for access to its network by competitive local exchange carriers, which rates are set by a state utilities commission pursuant to the Telecommunications Act of 1996, is ripe for judicial review, even though such rates are subject to later adjustment by the state utilities commission ("a true-up"). When the incumbent local exchange carrier has...

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