Verizon filed for U.S. Supreme Court review of decision by 4th U....
Verizon filed for U.S. Supreme Court review of decision by 4th U.S. Appeals Court, Richmond, in continuing feud over whether 11th Amendment of U.S. Constitution gives states immunity from federal court review of their decisions in interconnection cases. Verizon’s…
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April 5 petition asked high court to review 4th Circuit’s decision that state agencies such as Md. PSC maintained their immunity from federal court review even when they entered federal regulatory arena by arbitrating Telecom Act interconnection disputes. Request for review came on heels of similar appeal involving Ill. Commerce Commission and WorldCom that Supreme Court has agreed to hear. Verizon urged court to consider 2 cases in tandem because Md. case raised one issue not addressed in Ill. appeal -- conflict between 4th Circuit decision that federal courts have “no independent subject matter jurisdiction to review a state commission’s actions” and contrary decision by 6th U.S. Appeals Court, Cincinnati, involving Mich. PSC. Conflict over that wording doesn’t come up in Ill. case, Verizon said. Delaying 4th Circuit appeal “would significantly delay a final determination of jurisdictional and constitutional questions crucial to the integrity of the 1996 Act’s scheme,” Verizon said. Fourth Circuit decision arose from dispute over Md. PSC’s order requiring Verizon to pay reciprocal compensation for Internet-bound calls.