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PACIFIC BELL TELEPHONE v. CALIFORNIA PUB. UTIL.

Nos. 08-15568, 08-15716.

597 F.3d 958 (2010)

PACIFIC BELL TELEPHONE COMPANY, dba AT & T California, Plaintiff-Appellant, v. CALIFORNIA PUBLIC UTILITIES COMMISSION; Michael R. Peevey; Dian M. Grueneich; John Bohn; Rachelle Chong; Timothy Alan Simon, Defendants-Appellees. Pacific Bell Telephone Company, dba AT & T California, Plaintiff-Appellee, v. California Public Utilities Commission; Michael R. Peevey; Dian M. Grueneich; John Bohn; Rachelle Chong; Timothy Alan Simon, Defendants, and Cbeyond Communications, LLC, Defendant-intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2010.

Attorney(s) appearing for the Case

Scott K. Attaway, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for the plaintiff-appellant.

Laura E. Gasser, California Public Utilities Commission, San Francisco, CA, for the defendants-appellees.

Clay Deanhardt, Law Office of Clay Deanhardt, Orinda, CA, for the intervenor-appellant.

Before MARY M. SCHROEDER, A. WALLACE TASHIMA and CARLOS T. BEA, Circuit Judges.

BEA, Circuit Judge:

This case involves the balance the Telecommunications Act of 1996 ("the Act") strikes between providing newer competitors access to previously monopolistic telecommunications markets, on the one hand, and encouraging and protecting infrastructure investments of older, incumbent telecommunications providers on the other. We must interpret two provisions of the Act that impose requirements on older, incumbent...

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