Bellsouth Telecomm., Inc., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, United States of Am., Intervenor-Appellant v. McImetro Access Transmission Servs., Inc. Defendant-Counter-Claimant-Appellee, Georgia Pub. Serv. Comm'n, Robert B. Baker, Jr., in His Off. Capacity as Chairman, Lauren \Bubba\" McDonald in His Off. Capacity as Comm'r, 297 F.3d 1276 (2002). · Go Syfert
Search
Bellsouth Telecomm., Inc., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, United States of Am., Intervenor-Appellant v. McImetro Access Transmission Servs., Inc. Defendant-Counter-Claimant-Appellee, Georgia Pub. Serv. Comm'n, Robert B. Baker, Jr., in His Off. Capacity as Chairman, Lauren \Bubba\" McDonald in His Off. Capacity as Comm'r, 297 F.3d 1276 (2002). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Bellsouth Telecommunications, Inc. v. Mcimetro Access Transmission Services, Inc.
Top citers, strongest first. 3 distinct citers.
discussed Cited "see" Bellsouth Telecommunications, Inc. v. Mcimetro Access Transmission Services, Inc. (2×)
unknown court · 2003 · signal: see · confidence high
See BellSouth Telecomms., Inc. v. MCImetro Access Transmissions Servs., Inc., 278 F.3d 1223, 1235 (11th Cir.2002) ("In this case, the statute in question, the Federal Telecommunications Act of 1996, is silent as to whether state commissions have the authority to interpret previously approved interconnection agreements."), vacated and reh'g en banc granted by 297 F.3d 1276 (11th Cir.2002). 2 Judge Tjoflat asserts Chevron deference is grounded in the expertise of agency decision-makers, suggesting that where agencies fail to exercise their expertise, they are entitled to no deference.
discussed Cited "see" BellSouth Telecommunications, Inc. v. MCImetro Access Transmission Services, Inc. (2×)
Mont. · 2003 · signal: see · confidence high
See BellSouth Telecomms., Inc. v. MCImetro Access Transmissions Servs., Inc., 278 F.3d 1223, 1235 (11th Cir.2002) ("In this case, the statute in question, the Federal Telecommunications Act of 1996, is silent as to whether state commissions have the authority to interpret previously approved interconnection agreements."), vacated and reh’g en banc granted by 297 F.3d 1276 (11th Cir.2002). .
discussed Cited "see" BellSouth Telecommunications v. MCImetro Access (2×)
11th Cir. · 2002 · signal: see · confidence high
See BellSouth Telecomms., Inc. v. MCImetro Access Transmissions Servs., Inc., 278 F.3d 1223, 1235 (11th Cir. 2002) (“In this case, the statute in question, the Federal Telecommunications Act of 1996, is silent as to whether state commissions have the authority to interpret previously approved interconnection agreements.”), vacated and reh’g en banc granted by 297 F.3d 1276 (11th Cir. 2002). 30 (recognizing that “[t]he fair measure of deference to an agency administering its own statute has been understood to vary with circumstances, and courts have looked to the degree of the agency's …
Bellsouth Telecommunications, Inc., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, United States of America, Intervenor-Appellant
v.
McImetro Access Transmission Services, Inc. Defendant-Counter-Claimant-Appellee, Georgia Public Service Commission, Robert B. Baker, Jr., in His Official Capacity as Chairman, Lauren \Bubba\" McDonald in His Official Capacity as Commissioner
Jul 17, 2002.
297 F.3d 1276
Plaintiff-Counter-Defendant-Appellant
Nextlink Georgia  |  Cross-Appellee

297 F.3d 1276

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee,
United States of America, Intervenor-Appellant,
v.
MCIMETRO ACCESS TRANSMISSION SERVICES, INC. Defendant-Counter-Claimant-Appellee,
Georgia Public Service Commission, Robert B. Baker, Jr., in his official capacity as Chairman, Lauren "Bubba" McDonald, in his official capacity as Commissioner, Robert Durden, in his official capacity as Commissioner, Stancil O. Wise, in his official capacity as Commissioner, Defendants-Appellees-Cross-Appellants.
Bellsouth Telecommunications, Inc., Plaintiff-Counter-Defendant-Appellant, Cross-Appellee,
United States of America, Intervenor-Appellant,
v.
Worldcom Technologies, Inc., a successor in interest to MFS Intelenet of Georgia, Inc., Defendant-Counter-Claimant-Appellee,
E. Spire Communications, Inc., formerly known as American Communications Services, Inc., Nextlink Georgia, Inc., Teleport Communications Atlanta, Inc., Defendants-Appellees,
Georgia Public Service Commission, Robert B. Baker, Jr., in his official capacity as Chairman, Lauren "Bubba" McDonald, in his official capacity as Commissioner, Robert Durden, in
his official capacity as Commissioner, Stancil O. Wise, in his official capacity as Commissioner, Defendants-Appellees-Cross-Appellants,
ICG Telecom Group, Inc., Defendant.

No. 00-12809.

No. 00-12810.

United States Court of Appeals, Eleventh Circuit.

July 17, 2002.

Michael E. Brooks, Robert P. Marcovitch, Kilpatrick Stockton, LLP, Atlanta, GA, Mark B. Stern, Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, Michael K. Kellogg, Sean A. Lev, Aaron M. Panner, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC, Robert David Powell, Atlanta, GA, Charles W. Scarborough, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for Plaintiff-Counter-Defendant-Appellant-Cross-Appellee in No. 00-12809.

Mark B. Stern, Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, Michael K. Kellogg, Sean A. Lev, Aaron M. Panner, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC, Robert P. Marcovitch, Kilpatrick Stockton, Atlanta, GA, Robert David Powell, Atlanta, GA, Charles W. Scarborough, U.S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, DC, for Plaintiff-Counter-Defendant-Appellant-Cross-Appellee in No. 00-12810.

John J. Hamill, Darryl M. Bradford, Jenner & Block, Chicago, IL, Daniel Stephen Walsh, Atlanta, GA, Thomas K. Bond, c/o Georgia Public Service Comm., Teresa Wynn Roseborough, Haley B. Riddle, David Issac Adelman, Carla W. McMillian, Sutherland, Asbill & Brennan, Harold D. Melton, Atlanta, GA, John W. Sandifer, Gerry, Friend & Sapronov, LLP, Atlanta, GA, for Defendant-Counter-Claimant-Appellee in No. 00-12809.

John J. Hamill, Darryl M. Bradford, Jenner & Block, Chicago, IL, Daniel Stephen Walsh, Atlanta, GA, Thomas K. Bond, c/o Georgia Public Service Comm., Teresa Wynn Roseborough, Haley B. Riddle, David Issac Adelman, Carla W. McMillian, Sutherland, Asbill & Brennan, Atlanta, GA, Harold D. Melton, Atlanta, GA, John W. Sandifer, Gerry, Friend & Sapronov, LLP, Atlanta, GA, Suzanne Ockleberry, Charles V. Gerkin, Jr., Atlanta, GA, Newton M. Galloway, Dean Richard Fuchs, Smith, Galloway, Lyndall & Fuchs, LLP, Griffin, GA, for Defendant-Counter-Claimant-Appellee in No. 00-12810.

C. LeeAnn McCurry, William N. Withrow, Jr., Troutman Sanders, Atlanta, GA, for Teleport Communications Inc. in Nos. 00-12809 & 00-12810.

Appeals from the United States District Court for the Northern District of Georgia (Nos. 99-00248-CV-JOF-1, 99-00249-CV-JOF-1); J. Owen Forrester, Judge.

PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion Jan. 10, 2002, 278 F.3d 1223, 11th Cir., 2002)

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges.[*]

BY THE COURT:

A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above causes shall be reheard by this Court en banc. The previous panel's opinion is hereby VACATED.

Notes:

*

Judges Joel F. Dubina and Frank M. Hull have recused themselves and will not participate