MCI TELECOMMUNICATIONS CORP. v. F. C. C.

No. 75-1635.

561 F.2d 365 (1977)

MCI TELECOMMUNICATIONS CORPORATION, Microwave Communications, Inc., and N-Triple-C Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company, United States Independent Telephone Association, Data Transmission Company (DATRAN), and Southern Pacific Communications Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1977.


Attorney(s) appearing for the Case

Kenneth A. Cox, Washington, D.C., with whom Michael H. Bader, William J. Byrnes, and Raymond C. Fay, Washington, D.C., were on the brief, for petitioners.

John E. Ingle, Counsel, F.C.C., Washington, D.C., with whom Werner K. Hartenberger, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., and Carl D. Lawson, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Ashton R. Hardy, Gen. Counsel for the F.C.C., Washington, D.C., at the time the record was filed, entered an appearance for respondent F.C.C.

James F. Ponsoldt, Atty., Dept. of Justice, Washington, D.C., entered an appearance for respondent United States of America.

Michael Boudin, Washington, D.C., with whom Craig D. Miller, Washington, D.C., and Alfred C. Partoll, and F. Mark Garlinghouse, New York City, were on the brief, for intervenor Am. Tel. and Tel. Co.

Thomas J. O'Reilly, Washington, D.C., was on the brief for intervenor United States Independent Tel. Ass'n.

John M. Scorce and Kevin H. Cassidy, Vienna, Va., were on the brief for intervenor Data Transmission Co.

Herbert E. Forrest, Washington, D.C., entered an appearance for intervenor Southern Pacific Communications Co.

Before J. SKELLY WRIGHT, TAMM and WILKEY, Circuit Judges.


Opinion for the court filed by J. SKELLY WRIGHT, Circuit Judge.

J. SKELLY WRIGHT, Circuit Judge:

This is a petition to review two orders of the Federal Communications Commission, each of which requires petitioner MCI Telecommunications Corporation to cease and desist from offering and operating its "Execunet" telephone service.1 Finding that the Commission has not taken the steps required by the Communications Act of 1934, 47 U...

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