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  5. 712 F.2d 517 (1983)
 

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

Nos. 82-1553, 82-1554, 82-1650, 82-1657, 82-1659, 82-2194, 82-2199 and 82-2251.

712 F.2d 517 (1983)

MCI TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Pacific Communications Company, U.S. Telephone Communications, Inc., National Telephone Cooperative Association, et al., U.S. Independent Telephone Association, American Telephone & Telegraph Company, et al., GTE Service Corporation, et al., Western Union Telegraph Company, National Association of Regulatory Utility Commissioners, United States Transmission Systems, Inc., Association of Long Distance Telephone Companies, Intervenors. MCI TELECOMMUNICATIONS CORPORATION, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Pacific Communications Company, U.S. Telephone Communications, Inc., National Telephone Cooperative Association, et al., U.S. Independent Telephone Association, American Telephone & Telegraph Company, et al., GTE Service Corporation, et al., Western Union Telegraph Company, National Association of Regulatory Utility Commissioners, Association of Long Distance Telephone Companies, Intervenors. UNITED STATES TRANSMISSION SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, American Telephone & Telegraph Company, et al., Southern Pacific Communications Company, National Telephone Cooperative Association, et al., GTE Service Corporation, et al., Western Union Telegraph Company, Association of Long Distance Telephone Companies, Intervenors. SATELLITE BUSINESS SYSTEMS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, American Telephone & Telegraph Company, et al., U.S. Transmission Systems, Inc., U.S. Independent Telephone Association, Western Union Telegraph Company, National Telephone Cooperative Association, et al., GTE Service Corporation, et al., Southern Pacific Communications Company, Association of Long Distance Telephone Companies, Intervenors. SATELLITE BUSINESS SYSTEMS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, American Telephone & Telegraph Company, et al., U.S. Independent Telephone Association, Western Union Telegraph Company, GTE Service Corporation, et al., Southern Pacific Communications Company, National Telephone Cooperative Association, et al., Association of Long Distance Telephone Companies, Intervenors. MCI TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Telephone Cooperative Association, et al., GTE Service Corporation, et al., U.S. Independent Telephone Association, Bell Operating Companies, et al., Southern Pacific Communications Company, Western Union Telegraph Company, Association of Long Distance Telephone Companies, Satellite Business Systems, Intervenors. BELL TELEPHONE COMPANY OF PENNSYLVANIA, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, Southern Pacific Communications Company, U.S. Independent Telephone Association, U.S. Telephone Communications, Inc., GTE Service Corporation, et al., National Telephone Cooperative Association, et al., Association of Long Distance Telephone Companies, Western Union Telegraph Company, Satellite Business Systems, Intervenors. U.S. TELEPHONE COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, GTE Service Corporation, et al., Bell Operating Companies, et al., Southern Pacific Communications Company, Association of Long Distance Telephone Companies, Western Union Telegraph Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

William J. Byrnes, Washington, D.C., with whom Michael H. Bader, Kenneth A. Cox and Joel Rothstein Wolfson, Washington, D.C., were on brief, for petitioner and intervenor, MCI Telecommunications Corp. Philip S. Nyborg and Ruth S. Baker-Battist, Washington, D.C., also entered appearances for intervenor.

William E. Willis, New York City, with whom Margaret K. Pfeiffer, Robert B. Bell, William D. English, F. Thomas Tuttle and Kevin H. Cassidy, Washington, D.C., were on brief, for petitioner and intervenor, Satellite Business Systems. J. Laurent Scharff, W. Theodore Pierson, Jr., Richard M. Singer and Michael M. Maney, Washington, D.C., also entered appearances for petitioner.

Leo I. George, Washington, D.C., with whom Donald J. Evans, Washington, D.C., was on brief, for petitioner and intervenor, U.S. Telephone Communications, Inc.

David I. Shapiro, New York City, with whom Howard J. Trienens, Raymond F. Scully, Judith A. Maynes, Richard J. Cunningham, New York City, James VanR. Springer, Walter J. Walvick and Daniel Stark, Washington, D.C., were on brief, for petitioners and intervenors, Bell Operating Companies and American Telephone & Telegraph Company.

Grant S. Lewis, John S. Kinsey, Howard A. White, Joseph J. Jacobs, New York City, and Randall B. Lowe, Washington, D.C., were on brief for petitioner and intervenor, U.S. Transmission Systems, Inc. Samuel J. Abate, Jr., New York City, also entered an appearance for petitioner.

John E. Ingle, Deputy Asst. Gen. Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, Daniel M. Armstrong, Asst. Gen. Counsel, F.C.C., Jane E. Mago, Atty., F.C.C., Washington, D.C., were on brief, for respondent. Stephen A. Sharp, C. Grey Pash, Jr., Attys., F.C.C., Barry Grossman, Nancy C. Garrison, and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent.

J. Roger Wollenberg, William T. Lake, Roger M. Witten, Margaret L. Tobey and James M. Tobin, Washington, D.C., were on brief for intervenor, Southern Pacific Communications Co.

Thomas J. O'Reilly, Daniel J. Greenwald, III, Shelley Sternard Dempsey, Washington, D.C., were on brief for intervenor, U.S. Independent Telephone Ass'n.

Richard McKenna and James R. Hobson, Washington, D.C., were on brief for intervenors, GTE Service Corp., et al. Gail L. Polivy, Washington, D.C., also entered an appearance for intervenors.

Paul Rodgers, Charles D. Gray and Deborah A. Dupont, Washington, D.C., were on brief for intervenor, Nat. Ass'n of Regulatory Utility Com'rs.

David Cosson and Amy S. Gross, Washington, D.C., entered appearances for intervenor, Nat. Telephone Coop. Ass'n.

Ellen S. Deutsch, Washington, D.C., entered an appearance for intervenor, Organization for the Protection and Advancement of Small Telephone Companies.

Allan C. Hubbard, Reston, Va., entered an appearance for intervenor, Western Union Telegraph Co.

Victor J. Toth, Reston, Va., entered an appearance for intervenor, Ass'n of Long Distance Telephone Companies.

Before ROBINSON, Chief Judge, EDWARDS, Circuit Judge, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitioners in these consolidated cases attack, from various angles, three Federal Communications Commission ("FCC" or "Commission") orders concerning interim charges paid by Other Common Carriers ("OCCs") providing interstate service for access to local telephone exchanges pending implementation of more permanent access...

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