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Public Utilities

Public Utilities – Administrative — Primary Jurisdiction Doctrine – Electricity Rates (access required)

Wanning v. Duke Energy Carolinas, LLC Where plaintiffs bought a house covered by Act 1293 of 1966 – pursuant to which defendant was required to charge rates at “the lower of the rates charged by the Greenwood County Electric Power Commission and Duke Power Company” – the issue of the rate defendant can charge plaintiffs is in the primary jurisdiction of the Public Service Commission.

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Public Utilities – Telephone Service – Interconnection Agreements – Local Exchange Carriers (access required)

New Cingular Wireless PCS LLC d/b/a AT&T Mobility v. Finley In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.

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Public Utilities – Telecommunications – Administrative – Standing – Billing Agent (access required)

CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit. In the Telecommunications Act of 1996, Congress attempted to deregulate all aspects of U.S. telecommunications markets, especially local markets. The 1996 Act imposes new duties on incumbent local telecommunications carriers, which had previously enjoyed monopolies in local telecommunications markets; those duties include the duty to sell telecommunications services at wholesale rates to would-be competitors for resale to consumers.

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