NUVOX COMMUNICATIONS v. BELLSOUTH COMMUNICATIONS

No. 07-13028.

530 F.3d 1330 (2008)

NUVOX COMMUNICATIONS, INC., Xspedius Communications, Inc., Plaintiffs-Appellees, v. BELLSOUTH COMMUNICATIONS, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 18, 2008.


Attorney(s) appearing for the Case

John J. Heitmann, Stephanie A. Joyce, Kelley Drye & Warren, LLP, Washington, DC, for Plaintiffs-Appellees.

Sean Abram Lev, Kellogg Huber Hansen Todd Evans & Figel, Washington, DC, for Defendant-Appellant.

Before EDMONDSON, Chief Judge, and HILL and ALARCÓN, Circuit Judges.


PER CURIAM:

This case arises from a decision of the Florida Public Service Commission (the "Florida Commission"). The Florida Commission, relying on a Federal Communications Commission (FCC) decision, concluded that federal law did not require BellSouth ("Defendants") to combine (or "commingle") facilities that must be provided under 47 U.S.C. § 271 with those that must be provided under 47 U.S.C. § 251. Nuvox Communications, Inc. and Xspedius Communications...

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