AT & T COMMUNICATIONS OF CAL. v. PAC-WEST TELECOMM

No. 08-17030.

651 F.3d 980 (2011)

AT & T COMMUNICATIONS OF CALIFORNIA, INC.; Teleport Communications Group of San Francisco; Teleport Communications Group of Los Angeles; Teleport Communications Group of San Diego, Plaintiffs-Appellants, v. PAC-WEST TELECOMM, INC.; Michael R. Peevey; Geoffrey E. Brown; Dian M. Grueneich; John Bohn; Rachelle Chong, Commissioners of the California Public Utility Commission in their official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2011.


Attorney(s) appearing for the Case

Randolph W. Deutsch,   Max Fischer, and Mark E. Haddad of Sidley Austin LLP, Los Angeles, CA, for plaintiffs-appellants AT & T Communications of California, Inc., Teleport Communications Group of San Francisco, Teleport Communications Group of Los Angeles, and Teleport Communications Group of San Diego.

Robert Allen Brundage of Bingham McCutchen LLP, San Francisco, CA; Tamar Finn of Bingham McCutchen LLP, Washington, DC; and William Carroll Harrelson and James Michael Tobin of Tobin Law Group, LLC, Tiburon, CA, for defendant-appellee Pac-West Telecomm, Inc.

Christopher Paul Witteman of the California Public Utilities Commission, San Francisco, CA, for defendants-appellees Michael R. Peevey,   Geoffrey E. Brown,   Dian M. Grueneich,   John Bohn, and Rachelle Chong, Commissioners of the California Public Utility Commission in their official capacities.

Laurel Rodnon Bergold and Richard K. Welch of the Federal Communications Commission, Washington, DC, for the Federal Communications Commission as amicus curiae.

Before: STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.


OPINION

BERZON, Circuit Judge:

When a customer of telephone company A places a local call to a customer of telephone company B, the two companies cooperate to complete the call. Traditionally, the telephone company of the individual receiving the call (company B) would bill the originating phone company (company A) for completing, or "terminating," the call, on a per-minute basis. When the phone call went in the opposite direction...

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