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BELLSOUTH TELECOMMUNICATIONS, INC. v. SANFORD

No. 06-1678.

494 F.3d 439 (2007)

BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, Plaintiff-Appellee, v. Jo Anne SANFORD, Chairman; Robert V. Owens, Jr.; Sam J. Ervin, IV; Lorinzo L. Joyner; Howard N. Lee; William Thomas Culpepper, II; James Y. Kerr, II, Commissioners, in their official capacities as Commissioners of the North Carolina Utilities Commission, Defendants-Appellants, and North Carolina Utilities Commission; Robert K. Kroger, Commissioner, Defendants, Image Access, Incorporated, Intervenor/Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2007.

Attorney(s) appearing for the Case

ARGUED: Margaret A. Force, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Matthew Patrick McGuire, Nelson, Mullins, Riley & Scarborough, L.L.P., Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper, North Carolina Attorney General, Raleigh, North Carolina, for Appellants. Frank A. Hirsch, Jr., Nelson, Mullins, Riley & Scarborough, L.L.P., Raleigh, North Carolina, for Appellee.

Before WILLIAMS, Chief Judge, NIEMEYER, Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge ELLIS joined. Chief Judge WILLIAMS wrote a separate opinion concurring in part and in the judgment.

OPINION

NIEMEYER, Circuit Judge:

With the purpose of creating competition in the provision of local telecommunications services, the Telecommunications Act of 1996 imposed new duties on incumbent providers, who had previously enjoyed monopolies in local...

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