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NUVOX COMMUNICATIONS, INC. v. NORTH CAROLINA UTILITIES

No. 5:05-CV-207-BR(3).

409 F.Supp.2d 660 (2006)

NUVOX COMMUNICATIONS, INC. and NEWSOUTH COMMUNICATIONS CORP., Plaintiffs, v. NORTH CAROLINA UTILITIES COMMISSION; Jo Anne Sanford, Chairman, J. Richard Conder, Commissioner, Robert V. Owens, Jr., Commissioner, Sam J. Ervin, IV, Commissioner, Lorinzo L. Joyner, Commissioner, James Y. Kerr, II, Commissioner, and Michael F. Wilkins, Commissioner (in their official capacities as Commissioners of the North Carolina Utilities Commission); and Bellsouth Telecommunications, Inc., Defendants.

United States District Court, E.D. North Carolina, Western Division.

January 20, 2006.

Attorney(s) appearing for the Case

Melanie Black Dubis, Henry C. Campen, Jr., Parker, Poe, Adams & Bernstgein, Raleigh, NC, for Plaintiffs.

Karen Elizabeth Long, Margaret A. Force, N.C. Department of Justice, Edward S. Finley, Jr., Raleigh, NC, for Defendants.

ORDER

BRITT, Senior District Judge.

This matter is before the court for disposition following oral arguments heard on 6 June 2005, and additional briefing ordered by the court on 5 October 2005.

I. BACKGROUND

Plaintiffs NuVox Communications, Inc. ("NuVox") and NewSouth Communications Corp. ("NewSouth") are competitive local exchange carriers ("CLECs") authorized by the North Carolina Utilities Commission ("NCUC") to provide local...

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