U.S. Dist. Court, Lincoln, Neb., overturned state PSC’s approval ...
U.S. Dist. Court, Lincoln, Neb., overturned state PSC’s approval of interconnection contract terms requiring AT&T to give Qwest access to AT&T’s rights-of-way. Judge Richard Kopf was ruling on 1997 complaint against PSC action filed by AT&T (Case 4:97CV3286). Case…
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had been delayed pending outcome of legal challenges against FCC’s 1996 carrier interconnection order, in which Commission had ruled only incumbent telcos, not CLECs, had obligation to grant others access to their poles, ducts, rights- of-way. Most federal courts deferred to FCC interpretation, but 9th U.S. Appeals Court, San Francisco, doubted soundness of agency’s ruling. Faced with apparent judicial conflict, Judge Kopf followed lead of other courts and deferred to FCC interpretation, saying it was most consistent with Act’s purpose of promoting local exchange competition.