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BELLSOUTH TELECOMMS. v. KENTUCKY PUBLIC SERVICE

Nos. 10-5310, 10-5311.

669 F.3d 704 (2012)

BELLSOUTH TELECOMMUNICATIONS, INC., dba AT & T Kentucky, Plaintiff-Appellee/Cross-Appellant, v. KENTUCKY PUBLIC SERVICE COMMISSION; David L. Armstrong, in his official capacity as Chairman of the Public Service Commission; James W. Gardner, in his official capacity as Vice Chairman of the Public Service Commission; Charlie Borders, in his official capacity as Commissioner of the Public Service Commission, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2012.

Attorney(s) appearing for the Case

ARGUED: John E.B. Pinney , Kentucky Public Service Commission, Frankfort, Kentucky, for Appellants. Brendan J. Crimmins , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellee. ON BRIEF: John E.B. Pinney , Tiffany J. Bowman , Kentucky Public Service Commission, Frankfort, Kentucky, for Appellants. Brendan J. Crimmins , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., Mary K. Keyer , BellSouth Telecommunications, Inc., Louisville, Kentucky, for Appellee. Maureen K. Flood , Richard K. Welch , Federal Communications Commission, Washington, D.C., for Amicus Curiae.

OPINION

SUTTON, Circuit Judge.

This case arises from efforts of the Kentucky Public Service Commission to enforce several provisions of the Telecommunications Act of 1996, its accompanying regulations and state law. AT & T Kentucky argues, and the district court held, that the state commission wrongly interpreted two of the federal regulations and is preempted from using state law to impose other obligations. AT & T Kentucky also cross-appeals the...

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