BellSouth Telecomm. v. MCImetro Access, 278 F.3d 1223 (11th Cir. 2002). · Go Syfert
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BellSouth Telecomm. v. MCImetro Access, 278 F.3d 1223 (11th Cir. 2002). Cases Citing This Book View Copy Cite
“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.”
34 citation events (34 in the last 25 years) across 9 distinct courts.
Strongest positive: BellSouth Telecommunications v. MCImetro Access (ca11, 2002-01-10)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 11 distinct citers.
examined Cited as authority (verbatim quote) BellSouth Telecommunications v. MCImetro Access (2×) also: Cited "see"
11th Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
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.
cited Cited as authority (rule) Core Communications, Inc. v. Verizon Pennsylvania, Inc.
E.D. Pa. · 2006 · confidence medium
BellSouth Telecomms., Inc., 317 F.3d at 1304-05 (Tjoflat, J., dissenting); United States v. MCImetro Access Transmission Servs., Inc., 278 F.3d 1223, 1232-37 (11th Cir.2002) (panel decision).
discussed Cited as authority (rule) Law Offices of Curtis v. Trinko, L.L.P., Individually and on Behalf of All Others Similarly Situated v. Bell Atlantic Corporation
2d Cir. · 2002 · confidence medium
But “Agreements can be formed in two different ways: voluntary negotiation or compulsory arbitration.” Bellsouth Telecommunications Inc. v. MCImetro Access Transmission Servs., Inc., 278 F.3d 1223, 1228 (11th Cir.2002).
examined Cited as authority (rule) Global Naps, Inc. v. New England Telephone & Telegraph Co. (3×) also: Cited "see", Cited "see, e.g."
D. Mass. · 2002 · confidence medium
Servs., Inc., 278 F.3d 1223, 1226 (11th Cir.2002) (citation omitted).
cited Cited as authority (rule) Covad Communications Co. v. BellSouth Corp.
11th Cir. · 2002 · confidence medium
Inc., 278 F.3d 1223, 1237 (11th Cir.2002).
cited Cited as authority (rule) Covad Communications Co. v. BellSouth Corp.
11th Cir. · 2002 · confidence medium
Inc., 278 F.3d 1223, 1237 (11th Cir. 2002).
discussed Cited as authority (rule) Law Offices of Curtis v. Trinko, L.L.P., Individually and on Behalf of All Others Similarly Situated v. Bell Atlantic Corporation (2×)
2d Cir. · 2002 · confidence medium
But “[agreements can be formed in two different ways: voluntary negotiation or compulsory arbitration.” Bellsouth Telecommunications Inc. v. MCImetro Access Transmission Servs., Inc., 278 F.3d 1223, 1228 (11th Cir.2002).
discussed Cited as authority (rule) Household Bank v. JFS GROUP (2×) also: Cited "see"
M.D. Ala. · 2002 · confidence medium
Counsel for some of the Defendants cites Bellsouth Telecommunications, Inc. v. Worldcom Technologies, Inc., 278 F.3d 1223, 1242-43 (11th Cir.2002), as authority for the proposition that it is the nature of the remedy sought that determines whether a declaratory judgment action involves a substantial question of federal law.
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, 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.
cited Cited "see, e.g." Worldcom, Inc. v. Connecticut Department of Public Utility Control
D. Conn. · 2002 · signal: see also · confidence medium
See also BellSouth Telecomm., Inc. v. MCImetro Access Transmission Serv., Inc., 278 F.3d 1223, 1236 (11th Cir.2002).
BellSouth Telecommunications
v.
MCImetro Access
00-12809.
Court of Appeals for the Eleventh Circuit.
Jan 10, 2002.
278 F.3d 1223
Published

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 17, 2002 No. 00-12809 THOMAS K. KAHN CLERK D. C. Docket No. 99-00248-CV-JOF-1

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter- Defendant-Appellant- Cross-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellant, versus

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 offficial capacity as Commissioner, ROBERT DURDEN, in his official capacity as Commissioner, STANCIL O. WISE, in his official capacity as Commissioner, Defendants-Appellees- Cross-Appellants.

No. 00-12810

D. C. Docket No. 99-00249-CV-JOF-1 BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter- Defendant-Appellant, Cross-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellant, versus

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.

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-------------------------- Appeals from the United States District Court for the Northern District of Georgia -------------------------- (July 17, 2002)

PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion January 10, 2002, 278 F.3d. 1223, 11th Cir., 2002)

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

B Y T H E C O U R T:

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.

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

[*3]