QWEST CORP. v. F.C.C.

Nos. 05-1450, 05-1469, 06-1014, 06-1039, 06-1043.

482 F.3d 471 (2007)

QWEST CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents McLeodUSA Telecommunications Services, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 23, 2007.


Attorney(s) appearing for the Case

L. Andrew Tollin argued the cause for petitioner Qwest Corporation. With him on the briefs were Michael Deuel Sullivan and Robert B. McKenna.

David P. Murray and Russell M. Blau argued the cause for CLEC Petitioners. On the briefs were Thomas Jones, Randy J. Branitsky, Richard M. Rindler, Patrick J. Donovan, Joshua M. Bobeck, and Mary C. Albert. Jason D. Oxman entered an appearance.

Joseph R. Palmore, Counsel, Federal Communications Commission, argued the cause for respondents. With him 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, Eric D. Miller, Deputy General Counsel, John E. Ingle, Deputy Associate General Counsel, and Nandan M. Joshi, Counsel.

L. Andrew Tollin, Michael Deuel Sullivan, Robert B. McKenna, Scott H. Angstreich, Michael E. Glover, and Edward H. Shakin were on the brief for intervenors Qwest Corporation and the Verizon Companies in support of respondents.

David E. Mills and J.G. Harrington were on the brief for intervenor Cox Communications, Inc.

Before: GRIFFITH and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

Qwest, the incumbent local exchange carrier ("ILEC") in Omaha, Nebraska, petitioned the Federal Communications Commission for forbearance under § 10(c) of the Communications Act, 47 U.S.C. § 160(c), from some of its obligations under §§ 251(c) and 271 of the Act, 47 U.S.C. §§ 251, 271, in the Omaha Metropolitan Statistical...

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