IN RE CORE COMMUNICATIONS, INC.

Nos. 04-1368, 04-1423, 04-1424.

455 F.3d 267 (2006)

In re: CORE COMMUNICATIONS, INC. Petitioner Level 3 Communications, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2006.


Attorney(s) appearing for the Case

Michael B. Hazzard argued the cause for petitioner Core Communications, Inc. With him on the briefs was Deborah J. Israel.

Scott H. Angstreich argued the cause for petitioner BellSouth Corporation and ILEC Intervenors. With him on the briefs were Bennett L. Ross, Robert B. McKenna, Jr., Gary L. Phillips, James P. Lamoureux, Michael E. Glover, and Edward Shakin.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Samuel L. Feder, Acting General Counsel, Federal Communications Commission, Jacob M. Lewis, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel. Nandan M. Joshi, Counsel, entered an appearance.

Christopher J. Wright argued the cause for CLEC Intervenors. With him on the brief were Richard M. Rindler, John T. Nakahata, and Timothy J. Simeone.

Bennett L. Ross, Robert T. McKenna, Jr., Scott H. Angstreich, Gary L. Phillips, James P. Lamoureux, Michael E. Glover, and Edward Shakin were on the brief of ILEC Intervenors in support of respondent.

Before: SENTELLE, TATEL, and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

In its ISP Remand Order, the Federal Communications Commission (FCC) adopted four interim, intercarrier compensation rules to govern telecommunications traffic bound for Internet service providers. Core Communications, Inc., a competitive local exchange carrier, filed a petition asking the FCC to forbear from applying those rules...

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