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

No. 80-1624.

665 F.2d 1300 (1981)

MCI TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone & Telegraph Company, Southern Pacific Communications Company, United States Transmission Systems, Inc., Western Union Telegraph Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1981.


Attorney(s) appearing for the Case

William J. Byrnes, Washington, D. C., with whom Michael H. Bader, Kenneth A. Cox and John M. Pelkey, Washington, D. C., were on the brief, for petitioner.

C. Grey Pash, Jr., Counsel, F.C.C., Washington, D. C., for respondents.

Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Jack David Smith, Counsel, F.C.C., Washington, D. C., were on the brief for respondents. Robert B. Nicholson and Nancy C. Garrison, Attys. Dept. of Justice, and John E. Ingle and Marjorie S. Reed, Counsel, F.C.C., Washington, D. C., also entered appearances for respondents.

David J. Lewis, Washington, D. C., with whom Edward L. Friedman, New York City, Jules M. Perlberg, and Howard J. Trienens, Chicago, Ill., were on the brief, for intervenor, American Telephone and Telegraph Company. Edgar Mayfield, Bedminster, N. J., also entered an appearance for intervenor, American Tel. and Tel. Co.

Randall B. Lowe, Washington, D. C., entered an appearance for intervenor, United States Transmission Systems, Inc.

John V. Kenny and Daniel A. Huber, Washington, D. C., entered appearances for intervenor, Southern Pacific Communications Company.

Joel Yohalem and W. R. Weissman, Washington, D. C., entered appearances for intervenor, W. U. Tel. Co.

Before MIKVA and EDWARDS, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.


Opinion for the Court filed by Chief Judge MARKEY.

MARKEY, Chief Judge:

MCI Telecommunications Corporation (MCI) seeks review of an order of the Federal Communications Commission (FCC) permitting the Bell System Operating Companies and American Telephone and Telegraph Company (collectively, Bell) to file revised tariffs as part of a uniform across-the-board increase in Bell's rates for interstate telecommunications services. We grant review and vacate the...

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