DIRECT MARKETING ASSOCIATION, INC. and Interstate Directory Assistance Users, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
MCI Telecommunications Corporation, Ad Hoc Telecommunications Users Committee, GTE Corporation, American Telephone and Telegraph Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 20, 1985.
Decided September 6, 1985.
Attorney(s) appearing for the Case
N. Frank Wiggins, Washington, D.C., with whom Ian D. Volner, Washington, D.C., was on brief, for petitioners.
John E. Ingle, Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, F.C.C., J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Daniel M. Armstrong, Associate Gen. Counsel, Carl D. Lawson, Counsel, F.C.C., Andrea Limmer and John J. Powers, III, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.
Theodore D. Kramer, Washington, D.C., with whom Michael H. Bader, Kenneth A. Cox, William J. Byrnes and Thomas R. Gibbon, Washington, D.C., were on brief, for intervenor MCI Telecommunications Corp. Robert Michelson, New York City, entered an appearance for MCI.
Jules M. Perlberg, Chicago, Ill., with whom Sanford Tannenbaum, Marc N. Epstein and Michael Berg, Detroit, Mich., were on brief, for intervenor AT & T.
Joseph M. Kittner and James S. Blaszak, Washington, D.C., entered appearances for intervenor Ad Hoc Telecommunications Users Committee.
James R. Hobson and Mitchell F. Brecher, Washington, D.C., entered appearances for intervenor GTE Corp.
Samuel A. Simon, Washington, D.C., entered an appearance for intervenor Telecommunications Research and Action Center.
Before MIKVA, EDWARDS and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge MIKVA.
MIKVA, Circuit Judge:
I. BACKGROUND
In 1983, the Federal Communications Commission (FCC or the Commission) ordered telephone companies to file tariffs implementing equal access. Tariffs were to be filed yearly, on 90 days' notice. The first tariffs were due to be filed on October 3, 1983, to become effective January 1, 1984. American Telephone & Telegraph Company (AT&T) filed eight tariffs...
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