MCI Telecommunications Corp. v. U.S. West Communications

Good Law
2000 Daily Journal DAR 2340·204 F.3d 1262·19 Communications Reg. (P&F) 1136·2000 Cal. Daily Op. Serv. 1662·2000 U.S. App. LEXIS 3139
United States Court of Appeals for the Ninth CircuitMarch 2, 2000Nos. 98-35819, 98-35820 and 98-35822California4,477 words

Opinion

Lead Opinion

Schroeder, J.

INTRODUCTION AND STATUTORY BACKGROUND

This is an appeal by U S West Communications, Inc. (“U S West”) and a cross-appeal by MCI Telecommunications Corporation (“MCI”) from a district court judgment entered after review of a Washington Utilities and Transportation Commission OWUTC”) decision. The WUTC decision approved an agreement between U S West and MCImetro Access Transmission Services, Inc. (“MCImetro”), an MCI affiliate, under the Telecommunications Act of 1996 (“the Act”), codified in part at 47 U.S.C. §§ 251-61 . The agreement sets forth the terms under which MCImetro may interconnect with U S West, the former state regulated monopolist, in order to operate as a competing local telecommunications provider in the Seattle/Bellevue area.

The Act calls upon federal courts to hear challenges to interconnection agreements developed and approved through state administrative proceedings. Review in federal court is limited to the determination of whether the agreement “meets the requirements of’ the Act. 47 U.S.C. § 252 (e)(6). In this case, we are asked to decide whether a number of provisions in the agreement between U S West and MCImetro violate the Act.

This court has…

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