VERIZON NEW ENGLAND, INC. v. PUC


875 A.2d 118 (2005)

2005 ME 64

VERIZON NEW ENGLAND, INC. v. PUBLIC UTILITIES COMMISSION et al.

Supreme Judicial Court of Maine.

Decided: June 2, 2005.

Revised: June 21, 2005.


Attorney(s) appearing for the Case

Donald W. Boecke (orally), Verizon New England Inc., Boston, MA, Catherine R. Connors, William D. Hewitt, Pierce Atwood, Portland, for appellant.

Trina M. Bragdon (orally), Joanne B. Steneck, Public Utilities Commission, William C. Black, Wayne R. Jortner, Office of the Public Advocate, Augusta, Frederick R. Samp (orally), Great Works Internet, Biddeford, Joseph G. Donahue, Benjamin M. Sanborn, Preti Flaherty Beliveau Pachios & Haley, L.L.P., Augusta, for Mid-Maine Communications, Oxford Networks, Pine Tree Networks, and USA Telephone.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, CALKINS, and LEVY, JJ.


DANA, J.

[¶ 1] Verizon New England, Inc. appeals from a decision of the Public Utilities Commission ordering it to provide a Maine competitor access to a portion of Verizon's telecommunications network. Verizon contends that the order is preempted by federal telecommunications law and, in any event, beyond the authority of the PUC. Because we disagree, we affirm.

I. BACKGROUND

[¶ 2] The federal Telecommunications of Act of 1996 (TelAct...

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