BellSouth Telecommunications v. The Ga. Public Svc, No. 08-10521 (11th Cir. 2009)
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-10521 ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JANUARY 26, 2009 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
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