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

No. 85-1030.

765 F.2d 1186 (1985)

MCI TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Lexitel Corporation, American Satellite Company, Teltec Saving Communications Co., Mountain States Telephone and Telegraph Co., et al., Competitive Telecommunication Association, Utilities Telecommunication Council, the Western Union Telegraph Co., GTE Sprint Communications Corporation, Network I, Inc., International Business Machines Corporation, Aeronautical Radio, Inc., Telecommunications Research and Action Center, Bell Telephone Company of Pennsylvania, et al., RCA Americom Communications, Inc., Southern Satellite Systems, Inc., Satellite Business Systems, Ad Hoc Telecommunications Users Committee, Rainbow Satellite, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1985.

As Amended July 9, 1985.


Attorney(s) appearing for the Case

Kenneth A. Cox, Washington, D.C., with whom Michael H. Bader, William J. Byrnes, Thomas R. Gibbon, Theodore D. Kramer and John M. Scorce, Washington, D.C., were on brief, for petitioner.

John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, D.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Richard A. Askoff, Counsel, F.C.C., Robert B. Nicholson and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

Roger M. Witten, Washington, D.C., with whom J. Roger Wollenberg and William T. Lake, Washington, D.C., were on brief, for intervenor I.B.M. Corp.

Robert F. Corazzini, Washington, D.C., was on brief, for intervenor Southern Satellite Systems, Inc. Deborah Stuehrmann-Salbego, Washington, D.C., also entered an appearance for Southern Satellite Systems, Inc.

Wilhelmina Reuben Cooke, Washington, D.C., was on brief, for intervenors, Telecommunications Research and Action Center and Nat. Ass'n for Better Broadcasting.

Robert B. McKenna and Jeffrey S. Bork, Washington, D.C., were on brief, for intervenors Mountain States Tel. and Tel. Co., et al.

Peter Tannenwald and Vonya B. McCann, Washington, D.C., were on brief, for intervenor Teltec Saving Communications Co.

Rita A. Barmann, Philip M. Walker and Donald E. Ward, Washington, D.C., were on statement in lieu of brief, for intervenors GTE Sprint Communications Corp., et al.

Joseph M. Kittner, Randolph J. May, Timothy J. Cooney, Washington, D.C. and Robert J. Kaufman, New York City, ABC, Inc., Joseph DeFranco CBS, Inc., and Howard Monderer, Washington, D.C., NBC, Inc., entered appearances for intervenors ABC, Inc., et al.

Arthur H. Simms, Washington, D.C., entered an appearance for intervenor, Western Union Telegraph Co.

Joseph M. Kittner and Jean L. Kiddoo, Washington, D.C., entered appearances for intervenor Ad Hoc Telecommunications Users Committee.

Mitchell F. Brecher, Washington, D.C., entered an appearance for intervenor Lexitel Corp.

Joan M. Griffin, entered an appearance for intervenor American Satellite Co.

John A. Ligon, New York City, entered an appearance for intervenor ITT Communications Service, Inc.

Randall B. Lowe and Thomas K. Crowe, Washington, D.C., entered appearances for intervenor Competitive Telecommunications Ass'n.

Neil S. Ende, Washington, D.C., entered an appearance for intervenor Network I, Inc.

John L. Bartlett and Robert J. Butler, Washington, D.C., entered appearances for intervenor Aeronautical Radio, Inc.

Thomas L. Welch, Philadelphia. Pa., entered an appearance for intervenors Bell Telephone Co. of Pennsylvania, et al.

Donald J. Elardo, McLean, Va., entered an appearance for intervenor, Satellite Business System.

Jay E. Ricks, Washington, D.C., entered an appearance for intervenor RCA American Communications, Inc.

George R. Grange, II, Washington, D.C., entered an appearance for intervenor Rainbow Satellite, Inc.

Charles M. Meehan, Washington, D.C., entered an appearance for intervenor Utilities Telecommunications Council.

Before TAMM, MIKVA and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Petitioner MCI Telecommunications Corporation (MCI) challenges a Federal Communications Commission (FCC or Commission) directive, captioned the Sixth Report and Order, issued in the Commission's long-evolving Competitive Carrier rulemaking.1 The Sixth Report (1) requires all non-dominant...

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