United States First Circuit

Under section 252(i) of the Telecommunications Act, a competing carrier of phone service does not have an unconditional right to avoid the terms of a final arbitration order from a state telecommunications commission by seeking to opt into the terms of a previous interconnection agreement.

Appellate Information

• Decided 01/19/2005
• Published 01/19/2005

Judges

• LYNCH, Circuit Judge., Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William J. Rooney, Jr., with whom Jeffrey Melick was on brief, for appellant.


• For Appellees:
  
• Scott H. Angstreich, with whom Bruce P. Beausejour, Keefe B. Clemons, Sean A. Lev, Mary Ann McGrail, and Kellogg, Huber, Hansen, Todd, & Evans were on brief, for appellee Verizon New England, Inc., Thomas A. Barnico, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for appellee Massachusetts Department of Telecommunications and Energy.