United States Fourth Circuit

In a dispute involving rural local exchange carriers (RLEC) and two companies that provide commercial mobile radio service (CMRS), in which the CMRS providers sought declaratory and injunctive relief and compensation against the RLECs and the commissioners of the North Carolina Utilities Commission (NCUC) for their approval of portions of interconnection agreements, the district court's grant of summary judgment to the defendants is affirmed, where the district court did not err as a matter of law in concluding that: 1) the NCUC’s order adopting a single point of interconnection approach to indirect interconnection and allocating the responsibility for payment of transit charges for RLEC-originated traffic to the CMRS providers was consistent with the Telecommunications Act of 1996 and regulations, and (2) the NCUC had authority under 47 USC section 251(f)(2) to modify total element long-run incremental cost pricing standards for the RLECs.

Appellate Information

• Decided 03/15/2012
• Published 03/15/2012

Judges

• Davis

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Helgi C. Walker, Margaret Ann Force