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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * VERIZON MARYLAND INC., * f/k/a BELL ATLANTIC-MARYLAND, INC. * Plaintiff, v. RCN TELECOM SERVICES, INC., f/k/a RCN TELECOM SERVICES OF MARYLAND INC., et al., Defendants. * * * * * * * * * * * * * * * * * * CIVIL NO.: S-99-2061

MEMORANDUM OPINION The plaintiff, Verizon Maryland Inc. ("Verizon"), formerly known as Bell Atlantic-Maryland, Inc., filed an amended complaint against the defendants alleging that the Public Service Commission of Maryland ("PSC") issued an order that violates the Telecommunications Act of 1996 ("the 1996 Act"), Pub. L. 104-104, 110 Stat. 56 (codified as amended in scattered sections of 47 U.S.C.). Now before the Court are the cross-motions for summary (1) the plaintiff Verizon; (2) defendants Catherine

judgment of:

I. Riley, Claude M. Ligon, J. Joseph Curran III, Gail C. McDonald, and Ronald Guns, all in their official capacities as members of the PSC (collectively, "the commissioners"); (3) defendant RCN Telecom Services, Inc. ("RCN Telecom"); (4) defendant Starpower Communications, LLC ("Starpower"); (5) defendant TCG-Maryland; (6) defendant Global NAPS, Inc.

("Global"); and (7) intervenor-defendants MCI WorldCom Communications, Inc., and MCImetro Access Transmission Services LLC (collectively, "WorldCom"). The issues have been fully Local

briefed by the parties, and no oral hearing is necessary. Rule 105.6 (D. Md.). BACKGROUND

Congress enacted the 1996 Act to promote competition in local telecommunications markets. See AT & T Corp. v. Iowa Toward that end, the 1996

Utils. Bd., 525 U.S. 366, 371 (1999).

Act imposes various obligations on incumbent local exchange carriers ("ILECs"), including a duty to share their networks with competing local exchange carriers ("CLECs"). 251(c). See 47 U.S.C.

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