BellSouth Telecommunications, Inc. v. Georgia Public Service Commission

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 26, 2009
No. 08-10521 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 06-00162-CV-CC-1
BELLSOUTH TELECOMMUNICATIONS, INC.,
Plaintiff-Appellee,
versus
GEORGIA PUBLIC SERVICE COMMISSION,
STAN WISE, in his official capacity as Chairman
of the Georgia PSC, et al.,
Defendants-Appellees,
COMPETITIVE CARRIERS OF THE SOUTH, INC.,
Intervenor-Defendant-Appellant.
________________________
No. 08-10522
________________________
D. C. Docket No. 06-00972-CV-CC-1
COMPETITIVE CARRIERS OF THE SOUTH, INC.,
Plaintiff-Appellant,
versus
GEORGIA PUBLIC SERVICE COMMISSION,
STAN WISE,
in his official capacity as Chairman of the
Georgia PSC, et al.,
Defendants-Appellees,
BELLSOUTH TELECOMMUNICATIONS, INC.,
Intervenor-Defendant-Appellee.
________________________
Appeals from the United States District Court
for the Northern District of Georgia
_________________________
(January 26, 2009)
REVISED OPINION
Before BLACK, PRYOR and COX, Circuit Judges.
PER CURIAM:
Competitive Carriers of the South, Inc. (CompSouth) appeals the district
court’s grant of declaratory and injunctive relief to BellSouth
Telecommunications, Inc. (BellSouth), and the district court’s denial of
declaratory and injunctive relief to CompSouth. Both BellSouth and CompSouth
brought actions seeking declaratory and injunctive relief from orders of the
2
Georgia Public Service Commission (PSC). These actions were consolidated in
the district court because they turned on a common question of law–namely,
whether the PSC has authority to implement 47 U.S.C. § 271. These cases have
also been consolidated in the present appeal.
In the PSC orders, the PSC asserted its authority to implement 47 U.S.C.
§ 271 and required BellSouth to charge certain regulated rates to satisfy § 271.
The district court concluded the PSC lacks authority pursuant to either federal or
state law to implement 47 U.S.C. § 271. Moreover, the district court found the
PSC lacks authority to set rates for facilities and services required under § 271.
After the benefit of oral argument, and reviewing the record and the parties’ briefs,
we agree and affirm for the reasons stated in the district court’s well-reasoned
order, which is published at 587 F. Supp. 2d 1258 (N..D. Ga. 2008).
AFFIRMED.
3