United States Fourth Circuit

In case involving determination that the value of certain of an incumbent provider's incentive offers to subscribers created a promotional retail rate that must be offered to would-be competitors, less a wholesale discount, declaration that defendant commission's orders were invalid is reversed where defendant correctly ruled that long-term promotional offerings to customers in the marketplace for more than 90 days have the effect of changing the actual retail rate to which a wholesale requirement or discount must be applied.

Appellate Information

• Decided 07/25/2007
• Published 07/25/2007

Judges

• Before WILLIAMS, Chief Judge, NIEMEYER, Circuit Judge, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Margaret A. Force, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants.   Matthew Patrick McGuire, Nelson, Mullins, Riley & Scarborough, L.L.P., Raleigh, North Carolina, for Appellee.   ON BRIEF:  Roy Cooper, North Carolina Attorney General, Raleigh, North Carolina, for Appellants.  Frank A. Hirsch, Jr., Nelson, Mullins, Riley & Scarborough, L.L.P., Raleigh, North Carolina, for Appellee.