NEW ENGLAND PUBLIC COMMUNICATIONS COUNCIL, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
American Public Communications Council, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 9, 2003.
Decided July 11, 2003.
Attorney(s) appearing for the Case
Aaron M. Panner argued the cause for Bell Operating Company petitioners. With him on the briefs were Michael K. Kellogg, James G. Garralson, Michael E. Glover, Edward Shakin, John M. Goodman, James D. Ellis and Gary L. Phillips.
Marcus W. Trathen argued the cause for petitioners New England Public Communications Council, Inc., et al. With him on the briefs were Paul C. Besozzi and David Kushner.
Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, Acting General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel. Lisa E. Boehley, Counsel, Federal Communications Commission, entered an appearance.
Robert F. Aldrich argued the cause for intervenor American Public Communications Council, Inc. With him on the brief was Albert H. Kramer.
Aaron M. Panner argued the cause for LEC intervenors. With him on the brief were Michael K. Kellogg, James G. Harralson, Michael E. Glover, Edward Shakin, John M. Goodman, James D. Ellis and Gary G. Phillips. Peter M. Connolly entered an appearance.
Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
Acting pursuant to a 1996 Telecommunications Act provision designed to promote competition in the payphone service industry, the Federal Communications Commission issued an order requiring the Bell operating companies (BOCs) to price the service lines used by payphone service providers at forward-looking cost-based rates. In these consolidated...
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