SOUTHERN NEW ENGLAND TELEPHONE v. COMCAST PHONE

Docket No. 11-2332-cv.

718 F.3d 53 (2013)

SOUTHERN NEW ENGLAND TELEPHONE COMPANY d/b/a AT & T, Connecticut, Plaintiff-Appellant, v. COMCAST PHONE OF CONNECTICUT, INC., Cablevision Lightpath-Connecticut, Inc., Cox Connecticut Telecom, LLC, Intervenors-Defendants-Appellees, MetroPCS New York, LLC, Sprint Communications, L.P., Sprint Spectrum, L.P., Nextel Communications of the Mid-Atlantic, Inc., and Youghiogheny Communications Northeast, LLC d/b/a Pocket Communications, Intervenors-Defendants-Appellees, and Anthony J. Palermino, Commissioner, Connecticut Department of Public Utility Control, Kevin M. DelGobbo, Commissioner, Connecticut Department of Public Utility Control, John W. Betoski, III, Commissioner, Connecticut Department of Public Utility Control, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 1, 2013.


Attorney(s) appearing for the Case

Timothy P. Jensen , Hinckley, Allen & Snyder LLP, Hartford, CT; Theodore A. Livingston , Dennis G. Friedman , J. Tyson Covey , Mayer Brown LLP, Chicago, IL, for Petitioner-Appellant.

Clare Kindall , Assistant Attorney General, New Britain, CT, for Defendants-Appellees.

Before: POOLER, B.D. PARKER and WESLEY, Circuit Judges.


BARRINGTON D. PARKER, Circuit Judge:

INTRODUCTION

This appeal requires us to determine whether the Telecommunications Act of 1996 ("TCA"), Pub. L. No. 104-104, 110 Stat. 56 (codified in part at 47 U.S.C. §§ 251-261), obligates former telecommunications monopolists, known as Incumbent Local Exchange Carriers ("ILECs"), to provide a connection service known as transit traffic service ("transit service") at negotiated rates or at lower regulated rates...

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