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GLOBAL NAPS, INC. v. VERIZON NEW ENGLAND, INC.

Docket No. 04-4685-cv.

454 F.3d 91 (2006)

GLOBAL NAPS, INC., Plaintiff-Appellant, v. VERIZON NEW ENGLAND, INC., f/k/a New England Telephone & Telegraph Co., d/b/a Bellatlantic Vermont, Inc., Vermont Public Service Board, Michael H. Dworkin, John D. Burke and David C. Coen, Solely in their Capacity as Board Members, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 5, 2006.

Attorney(s) appearing for the Case

David John Mullet, David John Mullett, P.C., Montpelier, VT, for Plaintiff-Appellant.

Bruce P. Beausejour and Keefeb. Clemons, Verizon New England, Inc., Boston, MA, for Verizon New England, Inc., Defendant-Appellee.

Sean A. Lev, Scott H. Angstreich and Derek Ho, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Verizon New England, Inc., Defendant-Appellee.

Clifford Peterson, Assistant Attorney General for the State of Vermont, Montpelier, VT, for Michael H. Dworkin, John D. Burke and David C. Coen, Defendants-Appellees.

Before FEINBERG, B.D. PARKER, and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

This telecommunications appeal involves a question about how the prevailing regulatory regime — rooted as it is in legacy technology — applies to products and services far from contemplation at the time the regime developed. The Telecommunications Act of 1996 (the 1996 Act), Pub.L. No. 104-104, 110 Stat. 56 (codified as amended in scattered sections of 47 U.S.C.), which deregulated the industry primarily to promote competition...

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