[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 17, 2002 No. 00-12809 THOMAS K. KAHN CLERK D. C. Docket No. 99-00248-CV-JOF-1

BELLSOUTH TELECOMMUNICATIONS, INC.,

Plaintiff-Counter- Defendant-Appellant- Cross-Appellee,

UNITED STATES OF AMERICA,

Intervenor-Appellant,

versus

MCIMETRO ACCESS TRANSMISSION SERVICES, INC.

Defendant-Counter- Claimant-Appellee,

GEORGIA PUBLIC SERVICE COMMISSION, ROBERT B. BAKER, JR., in his official capacity as Chairman, LAUREN "BUBBA" MCDONALD, in his offficial capacity as Commissioner, ROBERT DURDEN, in his official capacity as Commissioner, STANCIL O. WISE, in his official capacity as Commissioner,

Defendants-Appellees- Cross-Appellants.

No. 00-12810

D. C. Docket No. 99-00249-CV-JOF-1 BELLSOUTH TELECOMMUNICATIONS, INC.,

Plaintiff-Counter- Defendant-Appellant, Cross-Appellee,

UNITED STATES OF AMERICA,

Intervenor-Appellant, versus

WORLDCOM TECHNOLOGIES, INC., a successor in interest to MFS INTELENET OF GEORGIA, INC., Defendant-Counter- Claimant-Appellee,

E. SPIRE COMMUNICATIONS, INC., formerly known as American Communications Services, Inc., NEXTLINK GEORGIA, INC., TELEPORT COMMUNICATIONS ATLANTA, INC., Defendants-Appellees,

GEORGIA PUBLIC SERVICE COMMISSION, ROBERT B. BAKER, JR., in his official capacity as Chairman, LAUREN "BUBBA" MCDONALD, in his official capacity as Commissioner, ROBERT DURDEN, in his official

2 capacity as Commissioner, STANCIL O. WISE, in his official capacity as Commissioner,

Defendants-Appellees- Cross-Appellants, ICG TELECOM GROUP, INC.,

Defendant.

-------------------------- Appeals from the United States District Court for the Northern District of Georgia -------------------------- (July 17, 2002)

PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion January 10, 2002, 278 F.3d. 1223, 11th Cir., 2002)

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges.*

B Y T H E C O U R T:

A member of this Court in active service having requested a poll on the

suggestions of rehearing en banc and a majority of the judges in this Court in

active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above causes shall be reheard by this Court en

banc. The previous panel’s opinion is hereby VACATED.

*Judges Joel F. Dubina and Frank M. Hull have recused themselves and will not participate.

3