BellSouth Telecommunications, Inc. v. Georgia Public Service Commission

555 F.3d 1287

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 26, 2009
• Docket: 08-10521, 08-10522
• Status: Published

Opinion

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 Comp-South brought actions seeking declaratory and injunctive relief from orders of the 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 lacked 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.