United States First Circuit

In suits involving applications by a telecommunications provider to state agencies in order to enter the long-distance market in Maine and New Hampshire, judgment against the provider is reversed and judgment against New Hampshire is affirmed where: 1) neither state agency may require elements that the FCC has delisted and are not enumerated in section 271 of the Telecommunications Act, nor require that section 271 elements be offered under pricing that the FCC has explicitly rejected; and 2) the matter of line sharing and dark fiber should be resolved after the FCC's views have been solicited.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William D. Hewitt, Catherine R. Connors, Pierce Atwood LLP, Portland, ME, Scott H. Angstreich, Kelly P. Dunbar, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, Bruce P. Beausejour, Verizon New England Legal Department, Donald W. Boecke, Verizon Communications, Boston, MA, for Plaintiff, Appellant., Andrew S. Hagler, Maine State Public Utilities Comm., Augusta, ME, for Maine Public Utilities Commission, Stephen L. Diamond, In His Official Capacity as Commissioner of the Maine Public Utilities Commission, Sharon M Reishus, in her Official Capacity as Commissioner of the Maine Public Utilities Commission, and Kurt W. Adams, in His Official Capacity as Commissioner of the Maine Public Utilities Commission., Trina M. Bragdon, for Stephen L. Diamond, in his Official Capacity as Commissioner of the Maine Public Utilities Commission, Sharon M Reishus, in her Official Capacity as Commissioner of the Maine Public Utilities Commission, and Kurt W. Adams, in His Official Capacity as Commissioner of the Maine Public Utilities Commission., Frederick S. Samp, Bangor Hydro Electric Co., Bangor, ME, Russell M. Blau, Philip J. Macres, Commonwealth Telephone Co., Joshua M. Bobeck, Washington, DC, Rebecca S. Webber, Linnell, Choate & Webber, Auburn, ME, David S. Rosenzweig, Keegan Werlin LLP, Boston, MA, for Kurt W. Adams, in His Official Capacity as Commissioner of the Maine Public Utilities Commission.