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EARTHLINK, INC. v. F.C.C.

No. 05-1087.

462 F.3d 1 (2006)

EARTHLINK, INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents BellSouth Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 2006.

Attorney(s) appearing for the Case

Mark J. O'Connor argued the cause for petitioner. With him on the briefs were Donna N. Lampert and Jennifer L. Phurrough.

Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondent. On the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Jacob M. Lewis, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.

Scott H. Angstreich argued the cause for intervenors BellSouth Corporation, et al. in support of the respondent. With him on the briefs were Michael K. Kellogg, Mark L. Evans, Geoffrey M. Klineberg, Sean A. Lev, Michael E. Glover, Edward Shakin, James D. Ellis, Gary L. Phillips, and Bennett L. Ross.

Before: SENTELLE and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

Traditionally (if that can be said of anything in the information age), many internet users lumbered along via dial-up connections over standard copper phone lines. Increasingly, however, broadband internet service is becoming available, providing significantly higher access speeds. Two of the most widespread methods of delivering broadband service are digital subscriber line (DSL),...

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