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QWEST CORP. v. ARIZONA CORP. COM'N.

Nos. 07-17079, 07-17080.

567 F.3d 1109 (2009)

QWEST CORPORATION, Plaintiff-Appellee, v. ARIZONA CORPORATION COMMISSION; Jeff Hatch-Miller, in his official capacity as Chairman of the Arizona Corporation Commission; Mike Gleason, in his official capacity as a member of the Arizona Corporation Commission; Kristin K. Mayes, in her official capacity as a member of the Arizona Corporation Commission; William A. Mundell, in his official capacity as a member of the Arizona Corporation Commission; Marc Spitzer, in his official capacity as a member of the Arizona Corporation Commission; DIECA Communications, doing business as Covad Communications Company, Defendants-Appellants. Qwest Corporation, Plaintiff-Appellee, v. Arizona Corporation Commission; Jeff Hatch-Miller, in his official capacity as Chairman of the Arizona Corporation Commission; Mike Gleason, in his official capacity as a member of the Arizona Corporation Commission; Kristin K. Mayes, in her official capacity as a member of the Arizona Corporation Commission; William A. Mundell, in his official capacity as a member of the Arizona Corporation Commission; Marc Spitzer, in his official capacity as a member of the Arizona Corporation Commission; DIECA Communications, doing business as Covad Communications Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2009.

Attorney(s) appearing for the Case

Christopher C. Kempley and Maureen A. Scott (argued), Arizona Corporation Commission Legal Division, Phoenix, AZ; John Matthew Derstine and Michael Patten, Roshka DeWulf & Patten, Phoenix, AZ; Gregory T. Diamond, General Counsel for Covad Communications Company, Denver, CO; Jason M. Wakefield (argued), San Jose, CA, for the defendants-appellants.

John Michael Devaney (argued), Perkins Coie, Washington, D.C.; Steven J. Monde, Perkins Coie Brown & Bain, Phoenix, AZ, for the plaintiff-appellee.

Paul K. Mancini, San Antonio, TX; Michael E. Glover, Arlington, VA; Colin S. Stretch, Scott H. Angstreich, and Kelly P. Dunbar (argued), Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, D.C., for amici curiae AT & T, Inc. and Verizon.

Before: D.W. NELSON and RICHARD R. CLIFTON, Circuit Judges, and SAMUEL P. KING, District Judge.

CLIFTON, Circuit Judge:

The Telecommunications Act of 1996("Act" or "1996 Act"), Pub.L. 104-104, 110 Stat. 56 (codified in part at 47 U.S.C. §§ 251-261, 271), created a complex federal scheme to encourage competition in local telephone service markets previously dominated by state-sanctioned local exchange carrier monopolies. AT & T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 371-72, 377-80, 119 S.Ct. 721, 142 L.Ed...

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