United States Sixth Circuit

In a dispute arising from a competing local exchange carrier's (CLEC) attempt to modify the terms of its contract with an incumbent local exchange carriers (ILEC), a judgment for the CLEC is reversed where the district court erred in concluding that application of the FCC's "all-or-nothing rule" to the CLEC's request would have had an impermissible retroactive effect.

Appellate Information

• Decided 08/28/2006
• Published 08/28/2006

Judges

• GILMAN, Circuit Judge., Before:  GILMAN and SUTTON, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Sean A. Lev, Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, D.C., for Appellant.  Jonathon Nicholas Amlung, Louisville, Kentucky, Amy E. Dougherty, Kentucky Public Service Commission, Frankfort, Kentucky, for Appellees.   ON BRIEF:  Mark R. Overstreet, Stites & Harbison, Frankfort, Kentucky, Dorothy J. Chambers, Bellsouth Telecommunications, Inc., Louisville, Kentucky, for Appellant.   Amy E. Dougherty, John E.B. Pinney, Kentucky Public Service Commission, Frankfort, Kentucky, Christopher T. Handman, David L. Sieradzki, Martin A. Price, Hogan & Hartson, Washington, D.C., for Appellees.