SPRINT COMMUNICATIONS CO., L.P. v. F.C.C.

No. 94-1667.

76 F.3d 1221 (1996)

SPRINT COMMUNICATIONS COMPANY, L.P., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, AT & T Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1996.


Attorney(s) appearing for the Case

Donald E. Ward argued the cause for petitioner, with whom Leon M. Kestenbaum, Washington, DC, was on the briefs.

Laurel R. Bergold, Counsel, Federal Communications Commission, Washington, DC, argued the cause for respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, and Anne K. Bingaman, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Washington, DC, were on the brief.

Peter D. Keisler, Washington, DC, argued the cause for intervenor, with whom Jonathan E. Nuechterlein, Washington, DC, Jules M. Perlberg, Chicago, IL, Mark C. Rosenblum, and Peter H. Jacoby, Basking Ridge, NJ, were on the brief.

Before: BUCKLEY, GINSBURG, and TATEL, Circuit Judges.


Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In 1987 Sprint complained to the FCC that AT & T had been charging it unlawfully high rates for Digital Data Service. The Common Carrier Bureau dismissed Sprint's claim insofar as it related to damages suffered outside the two-year limitations period of 47 U.S.C. § 415 — that is, damages suffered before January 1985. The Commission affirmed the Bureau's decision...

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