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QWEST CORP. v. COLORADO PUBLIC UTILITIES COM'N

Nos. 10-1187, 10-1212.

656 F.3d 1093 (2011)

QWEST CORPORATION, Plaintiff-Appellant/ Cross-Appellee, v. COLORADO PUBLIC UTILITIES COMMISSION; Ron Binz, in his official capacity as Chairman of the Colorado Public Utilities Commission; James Tarpey, in his official capacity as a member of the Colorado Public Utilities Commission; Matt Baker, in his official capacity as a member of the Colorado Public Utilities Commission, Defendants-Appellees/Cross-Appellants, and Cbeyond Communications, LLC, Defendant-Intervenor-Appellee/ Cross-Appellant. Federal Communications Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 26, 2011.

Attorney(s) appearing for the Case

John M. Devaney , ( John K. Roche with him on the briefs), of Perkins Coie LLP, Washington, D.C., for Plaintiff-Appellant/Cross-Appellee, Qwest Corporation.

Charles Eugene Watkins, III , Cbeyond Communications, LLC, Atlanta, GA, ( Mark A. Davidson , Holland & Hart LLP, Denver, CO, on the briefs for Cbeyond Communications, LLC; John W. Suthers , Attorney General, and David A. Beckett , First Assistant Attorney General, State Services Section, Denver, CO, on the briefs for Colorado Public Utilities Commission, Ron Binz, James Tarpey, and Matt Baker), for Defendant-Intervenor-Appellee/ Cross-Appellant Cbeyond Communications, LLC.

Austin C. Schlick , General Counsel, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Acting Associate General Counsel, and Laurel R. Bergold , Counsel, Washington, D.C., filed an amicus brief for the Federal Communications Commission.

Before BRISCOE, Chief Judge, SEYMOUR and LUCERO, Circuit Judges.

BRISCOE, Chief Judge.

Plaintiff Qwest Corporation (Qwest) and defendants Colorado Public Utilities Commission (CPUC), individual commissioners, and Cbeyond Communications, LLC (Cbeyond) (together, defendants), cross-appeal from the district court's decision construing 47 C.F.R. § 51.5, a Federal Communications Commission (FCC) regulation relating to local telephone service providers. In order to facilitate competition in the local telephone service market, federal...

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