BELL TELEPHONE CO. OF PENNSYLVANIA v. F.C.C.

No. 84-1259.

761 F.2d 789 (1985)

The BELL TELEPHONE COMPANY OF PENNSYLVANIA, et al., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, American Telephone and Telegraph Company, Telesphere Network, Inc., U.S. Telephone, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 1985.


Attorney(s) appearing for the Case

Linda L. Oliver, Counsel, F.C.C., Washington, D.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle and Carl D. Lawson, Counsel, F.C.C., Washington, D.C., were on brief, for respondents.

William J. Byrnes, Washington, D.C., with whom Michael H. Bader, Kenneth A. Cox, Thomas R. Gibbon and Theodore D. Kramer, Washington, D.C., were on brief, for intervenor MCI Telecommunications Corp.

Judith A. Maynes, New York City, Robert B. Stecher and Daniel Stark, Washington, D.C., were on brief, for intervenor American Tel. and Tel. Co.

Leo I. George, Washington, D.C., entered an appearance, for intervenors Telesphere Network, Inc. and U.S. Telephone, Inc.

William R. Weissman, Washington, D.C., with whom Charles A. Zielinski, A. Richard Metzger, Karen S. Byrne and Robert A. Levetown, Washington, D.C., were on brief, for petitioner.

Before MIKVA, GINSBURG and BORK, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM.

This petition for review concerns the fifth and final year of the interim agreement governing rates charged to "other common carriers" (OCCs) for exchange network facilities for interstate access (ENFIA agreement). For background on ENFIA and prior proceedings in this court regarding the agreement, see MCI Telecommunications Corp. v. FCC, 712 F.2d 517 (D.C.Cir.1983).

The ENFIA...

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