TELECOMMUNICATIONS RESEARCH AND ACTION CENTER v. F.C.C.

Nos. 84-1035, 84-5077.

750 F.2d 70 (1984)

TELECOMMUNICATIONS RESEARCH AND ACTION CENTER, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES of America, Respondents, American Telephone & Telegraph Company, GTE Service Corporation, Intervenors. In re TELECOMMUNICATIONS RESEARCH AND ACTION CENTER, et al., Petitioners. American Telephone & Telegraph Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1984.


Attorney(s) appearing for the Case

Herman Schwartz, Washington, D.C., with whom Robert M. Hausman, Washington, D.C., was on brief, for petitioners in 84-1035 and 84-5077.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, John E. Ingle, Jane E. Mago and Linda L. Oliver, Counsel, and Alexander P. Starr, law student intern, F.C.C., Washington, D.C., were on brief, for respondent in 84-1035 and 84-5077. Robert B. Nicholson and Nancy C. Garrison, Attys.; U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondent United States of America in 84-1035.

Jules M. Perlberg, Chicago, Ill., Francine J. Berry and Alan C. Geolot, New York City, were on brief, for intervenor, American Telephone & Telegraph Co. in 84-1035 and 84-5077. Alfred A. Green, New York City, also entered an appearance for American Telephone & Telegraph Co.

William Malone and James R. Hobson, Washington, D.C., were on brief, for intervenor GTE Service Corp. in 84-1035. Richard McKenna, Washington, D.C., also entered an appearance for GTE Service Corp.

Before TAMM, WILKEY and EDWARDS, Circuit Judges.


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

HARRY T. EDWARDS, Circuit Judge:

The Telecommunications Research & Action Center ("TRAC") and several other not-for-profit corporations and public interest groups petition this court for a writ of mandamus to compel the Federal Communications Commission ("FCC" or "the Commission") to decide certain unresolved matters now pending before the agency. The essence of TRAC's claim is that the FCC...

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