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Argued June 21, 2001

OPINION OF THE COURT

This case arises out of a special proceeding conducted by the New Jersey Board of Public Utilities (“Board”) to determine rates that would be generally available to telecommunications carriers seeking to negotiate or arbitrate interconnection agreements under the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (“Telecommunications Act” or”1996 Act”). The Board decided to substitute these newly determined rates for the previously arbitrated rates in an interconnection agreement between AT&T Communications of New Jersey (“AT&T”) and Bell-Atlantic New Jersey (“Bell Atlantic”) (now known as Verizon New Jersey, Inc. (“Verizon”)). AT&T brought suit challenging the Board’s substitution. Thereafter, the District Court entered an order affirming the Board’s decision to substitute rates but reversing the Board on its methodology. On appeal, the New Jersey Division of the Ratepayer Advocate (“the Advocate”), which had been allowed to intervene in the proceedings, contends that the District Court erred in holding that the Board had the legal and statutory authority to substitute its own rates for those set by arbitration. We will not reach this issue, however, because we conclude that the Advocate lacks constitutional standing to bring this appeal.

 
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