NEW CINGULAR WIRELESS PCS, LLC, d/b/a AT & T Mobility, on behalf of itself and its wireless operating affiliates, Plaintiff-Appellant, and
Alltel Communications, LLC, d/b/a Verizon Wireless, Plaintiff,
v.
Edward S. FINLEY, Jr., Chairman (in his official capacity as Commissioner of the North Carolina Utilities Commission); William T. Culpepper, III, Commissioner (in his official capacity as Commissioner of the North Carolina Utilities Commission); Bryan E. Beatty, Commissioner (in his official capacity as Commissioner of the North Carolina Utilities Commission); Susan Warren Rabon, Commissioner (in her official capacity as Commissioner of the North Carolina Utilities Commission); Lorinzo L. Joyner, Commissioner (in his official capacity as Commissioner of the North Carolina Utilities Commission); Ellerbe Telephone Company; Randolph Telephone Company; MebTel, Incorporated; Tonola D. Brown-Bland, Commissioner; Lucy T. Allen, Commissioner, Defendants-Appellees.
Federal Communications Commission, Amicus Curiae.
Alltel Communications, LLC, d/b/a Verizon Wireless, Plaintiff-Appellant, and
New Cingular Wireless PCS, LLC, d/b/a AT & T Mobility, on behalf of itself and its wireless operating Affiliates, Plaintiff,
v.
Edward S. Finley, Jr., Chairman (in his official capacity as Commissioner of the North Carolina Utilities Commission); William T. Culpepper, III, Commissioner (in his official capacity as Commissioner of the North Carolina Utilities Commission); Bryan E. Beatty, Commissioner (in his official capacity as Commissioner of the North Carolina Utilities Commission); Susan Warren Rabon, Commissioner (in her official capacity as Commissioner of the North Carolina Utilities Commission); Lorinzo L. Joyner, Commissioner (in his official capacity as Commissioner of the North Carolina Utilities Commission); Ellerbe Telephone Company; Randolph Telephone Company; MebTel, Incorporated; Tonola D. Brown-Bland, Commissioner; Lucy T. Allen, Commissioner, Defendants-Appellees.
Federal Communications Commission, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 26, 2011.
Decided: March 15, 2012.
Attorney(s) appearing for the Case
ARGUED: Helgi C. Walker , Wiley Rein, LLP, Washington, D.C., for Appellants. Margaret Ann Force , North Carolina Department of Justice, Raleigh, North Carolina; Daniel C. Higgins , Burns, Day & Presnell, PA, Raleigh, North Carolina, for Appellees. ON BRIEF: Dennis Friedman , Jeffrey M. Strauss , Mayer Brown LLP, Chicago, Illinois, for Appellant New Cingular Wireless PCS, LLC; Brett A. Shumate , Wiley Rein, LLP, Washington, D.C., for Appellant Alltel Communications, LLC. Roy Cooper , North Carolina Attorney General, Raleigh, North Carolina, for Appellees Commissioners of the North Carolina Utilities Commission. James M. Mills , Burns, Day & Presnell, P.A., Raleigh, North Carolina, for Appellees Ellerbe Telephone Company, Mebtel, Inc., and Randolph Telephone Company. Austin C. Schlick , General Counsel, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Acting Associate General Counsel, James M. Carr , Federal Communications Commission, Washington, D.C., for Amicus Curiae.
Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge AGEE and Judge KEENAN joined.
United States Court of Appeals, Fourth Circuit.
OPINION
DAVIS, Circuit Judge:
This appeal arises from a dispute between Appellees Ellerbe Telephone Company, Randolph Telephone Company, and MebTel, Inc., incumbent local exchange carriers that provide telephone service in rural areas of North Carolina (collectively, "RLECs") and Appellants New Cingular Wireless PCS, LLC, d/b/a AT & T Mobility ("AT & T Mobility") and Alltel Communications, LLC, d/b...
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