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DIECA COMMUNICATIONS, INC. v. FLORIDA PUBLIC SERVICE COMMISSION

No. 4:06CV72-RH/WCS.

447 F.Supp.2d 1281 (2006)

DIECA COMMUNICATIONS, INC., etc., Plaintiff, v. FLORIDA PUBLIC SERVICE COMMISSION et al., Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

September 12, 2006.

Attorney(s) appearing for the Case

Charles E. Watkins, Covad Communications Co, Atlanta, GA, Vicki Gordon Kaufman, Moyle Flanigan Katz Etc., Tallahassee, FL, for Plaintiff.

David E. Smith, Samantha McRae Cibula, Florida Public Service Commission, Susan Forbes Clark, Harry O. Thomas, Radey Thomas Yon Etc, Tallahassee, FL, Nancy Brooks White, Bellsouth Telecommunications, Miami, FL, Sean Abram Lev, Kellogg Huber Hansen Etc, Washington, DC, for Defendants.

ORDER ON MERITS

HINKLE, Chief Judge.

This is a challenge to a decision of the Florida Public Service Commission based on alternative holdings first, that it has no authority to enforce the federal statute setting forth the terms on which a Bell Operating Company may enter the market for interLATA services, and second, that in any event, that statute does not require a Bell Operating Company to allow competitors unbundled access to the high frequency...

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