United States Sixth Circuit

An order of the Kentucky Public Service Commission allowing a telecommunications company, an entrant to a local telephone market, to adopt an existing interconnection agreement between an incumbent provider and another carrier is affirmed over claims that: 1) the Commission and district court failed to consider whether a "reasonable period of time" had lapsed since approval of the agreement at issue; and 2) a reasonable period of time necessarily expires when intervening regulatory developments establish that portions of an interconnection agreement no longer comport with federal law.

Appellate Information

• Decided 07/21/2006
• Published 07/21/2006

Judges

• Before:  BOGGS, Chief Judge;  KEITH and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark R. Overstreet, Stites & Harbison, Frankfort, Kentucky, for Appellant.  Holly C. Wallace, Dinsmore & Shohl, Louisville, Kentucky, John E.B. Pinney, Public Service Commission of Kentucky, Frankfort, Kentucky, for Appellees.   ON BRIEF:  Mark R. Overstreet, Stites & Harbison, Frankfort, Kentucky, Dorothy J. Chambers, Bellsouth Telecommunications, Inc., Louisville, Kentucky, for Appellant.  Holly C. Wallace, John E. Selent, Dinsmore & Shohl, Louisville, Kentucky, John E.B. Pinney, Amy E. Dougherty, Public Service Commission of Kentucky, Frankfort, Kentucky, for Appellees.