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DAVEL COMMUNICATIONS, INC. v. QWEST CORP.

No. 04-35677.

451 F.3d 1037 (2006)

DAVEL COMMUNICATIONS, INC., a Delaware corporation; Access Anywhere LLC; Kristin Moelle; Automated Telecom Technology Inc., dba A-Tel Inc.; Central Telephone Company; Steve Peterman, dba Colorado Payphones; Communications Management Services LLC, Plaintiffs-Appellants, v. QWEST CORPORATION, a Colorado corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2006.

Attorney(s) appearing for the Case

Brooks E. Harlow, Brian W. Esler and David L. Rice, Miller Nash LLP, Seattle, WA, for the plaintiffs-appellants.

Douglas P. Lobel and David A. Vogel, Arnold & Porter LLP, McLean, VA, for the defendant-appellee.

Before RONALD M. GOULD and MARSHA S. BERZON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

BERZON, Circuit Judge.

The Federal Telecommunications Act of 1996 ("1996 Act") largely deregulated the telecommunications industry. At the same time, the 1996 Act continued to regulate certain segments of the industry so as to increase competition overall. For example, to promote more competitive market conditions, the 1996 Act required incumbent local exchange carriers, including appellee Qwest Corp., to provide access to their telephone lines and services essentially...

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