At & T Communications of California, Inc. v. Pacific Bell Telephone Co.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

In this case, Plaintiffs AT & T Communications of California, Inc., MCI World-corn Network Services, Inc. and MCImetro Access Transmission Services LLC seek to overturn various decisions by the Public Utilities Commission of the State of California (CPUC) during proceedings that set network element rates for Pacific Bell Telephone Company (Pacific). Plaintiffs move for summary judgment (Docket No. 41), seeking to overturn certain aspects of the decisions. Defendants Pacific, the CPUC, and Commissioners of the CPUC in their official capacity (Loretta M. Lynch, Henry M. Duque, Richard A. Bilas, Carl W. Wood and Geoffrey F. Brown) oppose the motion. Pacific cross-moves for summary judgment (Docket No. 55), seeking to overturn other portions of the decisions. Plaintiffs, the CPUC and the individual Commissioners oppose the cross-motion. The matter was heard on May 3, 2002, and taken under submission pending the Supreme Court’s ruling in Verizon Communications, Inc. v. FCC, 535 U.S. 467 , 122 S.Ct. 1646 , 152 L.Ed.2d 701 (2002). Having considered all of the papers filed by the parties and oral argument on the motion, the Court DENIES…