FORT MILL TELEPHONE CO. v. F.C.C.

Nos. 82-1255, 82-1301.

719 F.2d 89 (1983)

FORT MILL TELEPHONE COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Bell Telephone and Telegraph Company and Heritage Village Church and Missionary Fellowship, Intervenors. SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Bell Telephone and Telegraph Company and Heritage Village Church, and Missionary Fellowship, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1983.


Attorney(s) appearing for the Case

Thomas J. O'Reilly, Washington, D.C. (Veronica M. Ahern, Chadbourne, Parke, Whiteside & Wolff, Washington, D.C., on brief), Arthur G. Fusco, Columbia, S.C. (Cheryl Ann Walker Davis, C. Dukes Scott, Columbia, S.C., Robert R. Carpenter, Roddey, Carpenter & White, Rock Hill, N.C., on brief), for petitioners.

Jane E. Mago, Washington, D.C. (Stephen A. Sharp, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Deputy Associate Gen. Counsel, William F. Baxter, Asst. Atty. Gen., Barry M. Grossman, Stephen F. Ross, U.S. Dept. of Justice, Washington, D.C., on brief), for respondents.

William F. Austin, Austin & Lewis, Columbia, S.C. (William Joseph Bruckner, Omaha, Neb., Thomas C. Cartwright, Robert W. Sterrett, Jr., Atlanta, Ga., on brief), for intervenor Southern Bell Tel. and Tel. Co.

Before WIDENER, PHILLIPS and MURNAGHAN, Circuit Judges.


WIDENER, Circuit Judge:

Fort Mill Telephone Co. (Fort Mill) seeks review of an order of the Federal Communications Commission (FCC) upholding the decision of Heritage Village Church and Missionary Fellowship, Inc. (Heritage)1 to interconnect its customer provided terminal equipment2 to Southern Bell Telephone and Telegraph (Southern Bell) of North Carolina instead of Fort Mill of South Carolina. We affirm....

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