Jennings

US West Communications, Inc. v. Jennings

Good Law
304 F.3d 950·2002 WL 31102838
United States Court of Appeals for the Ninth CircuitSeptember 23, 2002Nos. 99-16247, 99-16264, 99-16330California5,347 words

Opinion

Lead Opinion

Fletcher, J.

*954 OPINION

These appeals require us to determine whether' various interconnection agreements, arbitrated and approved by the Arizona Corporation Commission (“ACC”), between U.S. West Communications (“US West”) 1 and competing telephone companies are consistent with the Telecommunications Act of 1996, Pub.L. 104-104, 100 Stat. 56 (“the Act”), and its implementing regulations. We address the threshold issue of whether Federal Communication Commission (“FCC”) regulations that have taken effect after the ACC’s decisions are applicable to the interconnection agreements before us, and we conclude below that they are. We then apply those regulations to the terms of the interconnection agreements and address the remaining eleven disputes.

I. Statutory Framework

Providing telephone service requires physically wiring each customer’s premises to a network of other customers who also have telephone lines. These networks traditionally have been owned and operated by a single utility, the local telephone company, referred to under the Act as the incumbent local exchange carrier (“ILEC”). The prohibitive cost to potential competitors, referred to under the Act as competitive local exchange…

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