AT&T COMMUNICATIONS OF VIRGINIA, INCORPORATED, Plaintiff-Appellant, and
MCI Telecommunications Corporation, a Delaware corporation; MCImetro Access Transmission Services of Virginia, Incorporated, a Virginia Corporation, Plaintiffs,
v.
BELL ATLANTIC-VIRGINIA, INCORPORATED; Hullihen Williams Moore, in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; I. Clinton Miller, in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; Theodore V. Morrison, Jr., in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; State Corporation Commission, Commonwealth of Virginia, Defendants-Appellees, and
Richard Cullen, Attorney General of Virginia, Intervenor-Defendant, and
Federal Communications Commission, Party in Interest.
MCI Telecommunications Corporation, a Delaware corporation; MCImetro Access Transmission Services of Virginia, Incorporated, a Virginia Corporation, Plaintiffs-Appellants, and
AT&T Communications of Virginia, Incorporated, Intervenor-Plaintiff,
v.
Bell Atlantic-Virginia, Incorporated; Hullihen Williams Moore, in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; I. Clinton Miller, in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; Theodore V. Morrison, Jr., in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; State Corporation Commission, Commonwealth of Virginia, Defendants-Appellees, and
Richard Cullen, Attorney General of Virginia, Intervenor-Defendant, and
Federal Communications Commission, Party in Interest.
MCI Telecommunications Corporation, a Delaware corporation; MCImetro Access Transmission Services of Virginia, Incorporated, a Virginia Corporation; AT&T Communications of Virginia, Incorporated, Plaintiffs-Appellees,
v.
Bell Atlantic-Virginia, Incorporated, Defendant-Appellant, and
Hullihen Williams Moore, in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; I. Clinton Miller, in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; Theodore V. Morrison, Jr., in his official capacity as Commissioner of the Commonwealth of Virginia State Corporation Commission; State Corporation Commission, Commonwealth of Virginia, Defendants, and
Richard Cullen, Attorney General of Virginia, Intervenor-Defendant, and
Federal Communications Commission, Party in Interest.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: June 8, 1999.
Decided: December 15, 1999.
Attorney(s) appearing for the Case
ARGUED: David Lee Lawson, Sidley & Austin, Washington, D.C., for Appellants. Robert A. Dybing, Shuford, Rubin & Gibney, Richmond, Virginia; Warner F. Brundage, Jr., Bell Atlantic-Virginia, Inc., Richmond, Virginia, for Appellees. ON BRIEF: David Carpenter, Stephen F. Smith, Sidley & Austin, Washington, D.C.; James C. Roberts, George A. Somerville, Dabney J. Carr, IV, Mays & Valentine, L.L.P., Richmond, Virginia; John J. Langhauser, Wilma R. McCarey, AT & T Communications of Virginia, Inc., Oakton, Virginia; Donald B. Verrilli, Jr., Maureen F. Del Duca, Jodie L. Kelley, Jenner & Block, Washington, D.C.; Thomas F. O'Neil, III, William Single, IV, Matthew B. Pachman, MCI Worldcom, Inc., Washington, D.C., for Appellants. Michael D. Lowe, Bell Atlantic-Virginia, Inc., Richmond, Virginia; James C. Dimitri, William H. Chambliss, Robert M. Gillespie, State Corporation Commission of Virginia, Richmond, Virginia; Anthony Gambardella, Woods, Rogers & Hazlegrove, Richmond, Virginia, for Appellees. Philip D. Bartz, Acting Assistant Attorney General, Helen F. Fahey, United States Attorney, Mark B. Stern, Charles W. Scarborough, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Christopher J. Wright, General, John E. Ingle, Deputy Associate General, Federal Communications Commission, Washington, D.C., for Amicus Curiae.
Before MICHAEL, Circuit Judge; HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation; and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed in part, reversed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge HOWARD and Judge FRIEDMAN joined.
OPINION
MICHAEL, Circuit Judge:
After Congress enacted the Telecommunications Act of 1996, Pub.L. 104-104, 110 Stat. 56, codified at 47 U.S.C. § 251 et seq. (the Act), AT&T Communications of Virginia, Inc. (AT&T) and MCI Telecommunications Corp. and MCImetro Access Services of...
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