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PACIFIC BELL TELEPHONE v. CAL. PUBLIC UTILITIES

Nos. 08-15568, 08-15716.

621 F.3d 836 (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.

Amended September 1, 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.

ORDER

The opinion filed on March 4, 2010 [597 F.3d 958] is amended as follows:

Replace the following text on [597 F.3d at 965]:

Both the Seventh and the Eighth circuits recently rejected AT & T's position, and have concluded that FCC regulations authorize state public utilities commissions to order incumbent LECs to lease entrance facilities to competitive LECs at regulated rates for the purpose of interconnection. See Sw. Bell...

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