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BELLSOUTH TELECOMMUNICATIONS, INC. v. UNIVERSAL TELECOM, INC.

No. 05-5674.

454 F.3d 559 (2006)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Appellant, v. UNIVERSAL TELECOM, INC.; Public Service Commission of Kentucky; Mark David Goss, Chairman of the Public Service Commission of Kentucky; Teresa J. Hill, Vice-Chairman of the Public Service Commission of Kentucky; W. Gregory Coker, Commissioner for the Public Service Commission of Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 21, 2006.

Attorney(s) appearing for the Case

ARGUED: Mark R. Overstreet, Stites & Harbison, Frankfort, Kentucky, for Appellant. Holly C. Wallace, Dinsmore & Shohl, Louisville, Kentucky, John E.B. Pinney, Public Service Commission of Kentucky, Frankfort, Kentucky, for Appellees. ON BRIEF: Mark R. Overstreet, Stites & Harbison, Frankfort, Kentucky, Dorothy J. Chambers, Bellsouth Telecommunications, Inc., Louisville, Kentucky, for Appellant. Holly C. Wallace, John E. Selent, Dinsmore & Shohl, Louisville, Kentucky, John E.B. Pinney, Amy E. Dougherty, Public Service Commission of Kentucky, Frankfort, Kentucky, for Appellees.

Before: BOGGS, Chief Judge; KEITH and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

BellSouth Telecommunications challenges the district court's affirmance of an order of the Kentucky Public Service Commission allowing Universal Telecom to adopt an existing interconnection agreement between BellSouth and MCI. See 47 U.S.C. § 252(i). Finding no error by the Commission, we affirm.

I.

In enacting the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified at 47...

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