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BELLSOUTH TELECOMM., INC. v. SOUTHEAST TELEPHONE

No. 05-6657.

462 F.3d 650 (2006)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Appellant, v. SOUTHEAST TELEPHONE, INC. and PUBLIC SERVICE COMMISSION OF KENTUCKY, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Sean A. Lev, Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, D.C., for Appellant. Jonathon Nicholas Amlung, Louisville, Kentucky, Amy E. Dougherty, Kentucky Public Service Commission, Frankfort, Kentucky, for Appellees. ON BRIEF: Mark R. Overstreet, Stites & Harbison, Frankfort, Kentucky, Dorothy J. Chambers, Bellsouth Telecommunications, Inc., Louisville, Kentucky, for Appellant. Amy E. Dougherty, John E.B. Pinney, Kentucky Public Service Commission, Frankfort, Kentucky, Christopher T. Handman, David L. Sieradzki, Martin A. Price, Hogan & Hartson, Washington, D.C., for Appellees.

Before: GILMAN and SUTTON, Circuit Judges; HOOD, District Judge.

GILMAN, Circuit Judge.

The principal question in this appeal is whether the Public Service Commission of Kentucky (the PSC) correctly applied a superseded Federal Communications Commission (FCC) regulation on the ground that application of the current regulation to a pending case would be impermissibly retroactive. This issue arises in the context of Southeast Telephone, Inc.'s attempt to modify the terms of its contract...

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