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CMC TELECOM, INC. v. MICHIGAN BELL TELEPHONE CO.

No. 09-2239.

637 F.3d 626 (2011)

CMC TELECOM, INC., Plaintiff-Appellant, Grid 4 Communications, Inc., Plaintiff, v. MICHIGAN BELL TELEPHONE COMPANY, dba AT & T Michigan; J. Peter Lark, Chairman; Monica Martinez, Commissioner; and Laura Chappelle, Commissioner (in their official capacities as Commissioners of the Michigan Public Service Commission), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 8, 2011.

Attorney(s) appearing for the Case

ARGUED: Norman C. Witte , Witte Law Offices, Lansing, Michigan, for Appellant. Stephen S. Sanders , Mayer Brown LLP, Chicago, Illinois, Anne M. Uitvlugt , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Norman C. Witte , Witte Law Offices, Lansing, Michigan, Gary L. Field , Field Law Group, Lansing, Michigan, for Appellant. Stephen S. Sanders , Mayer Brown LLP, Chicago, Illinois, Anne M. Uitvlugt , Office of the Michigan Attorney General, Lansing, Michigan, Jeffery V. Stuckey , Dickinson Wright PLLC, Lansing, Michigan, for Appellees.

Before: KEITH, ROGERS, and COOK, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

For purposes of interpreting the Federal Telecommunications Act, local telephone service providers can be divided into two categories: incumbents, the established carriers who long held regional monopolies, and competitors, who have entered local markets through channels provided for in the Act. One of these channels is resale, which requires incumbents, like AT & T in this case, to offer all of their retail services to...

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