MCI WORLDCOM COMMUNICATIONS, INC. v. BELLSOUTH TELECOMM., INC.

No. 05-12252.

446 F.3d 1164 (2006)

MCI WORLDCOM COMMUNICATIONS, INC., a Delaware Corporation, MCIMetro Access Transmission Services, LLC, a Delaware Corporation, Plaintiffs-Appellees, Cross-Appellants, Florida Digital Network, Inc., Intervenor-Appellee, Cross-Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia Corporation, Defendant-Appellant, Cross-Appellee, Florida Public Service Commission, E. Leon Jacobs, Jr. in His Official Capacity as Chairman of the Florida Public Service Commission, J. Terry Deason, Lila A. Jaber, Braulio L. Baez, Michael A. Palecki, in Their Official Capacities as Commissioners of the Florida Public Service Commission, Rudolph Bradley, Charles M. Davidson, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 19, 2006.


Attorney(s) appearing for the Case

Sean A. Lev, Kellogg, Huber, Hansen, Todd & Evans & Figel, P.L.L.C., Washington, DC, David E. Smith, Samantha McRae Cibula, Florida Pub. Serv. Com'n, Tallahassee, FL, Jack R. Reiter, Adorno & Yoss, P.A., Miami, FL, for Defendants-Appellants.

Jeffrey A. Rackow, MCI, Inc., Michael C. Sloan, Cole, Raywid & Braverman, Washington, DC, for Plaintiffs-Appellees.

Before CARNES, WILSON and PRYOR, Circuit Judges.


PRYOR, Circuit Judge:

The key issue in this appeal is whether the Florida Public Service Commission complied with the Telecommunications Act of 1996 and corresponding federal regulations when it approved substantial parts of the pricing plan for the lease of telecommunications equipment urged by BellSouth Telecommunications, Inc. BellSouth and the Florida Commission appeal a declaratory judgment that invalidated part of...

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