US WEST, INC. v. F.C.C.

No. 84-1448.

778 F.2d 23 (1985)

US WEST, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, MCI Telecommunications Corp., American Information Technologies Corp., et al., New York Telephone Co., et al., Pacific Bell, et al., Southwestern Bell Telephone Co., Bell Telephone Company of Pa, et al., American Telephone and Telegraph Company, GTE Service Corporation, North American Telecommunications Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1985.


Attorney(s) appearing for the Case

Robert B. McKenna, with whom Jeffrey S. Bork, Robert W. Barker, and L. Andrew Tollin, Washington, D.C., were on brief for appellant, US West, Inc. Luisa L. Lancetti, Washington, D.C., also entered an appearance for US West, Inc.

Alfred Winchell Whittaker, Washington, D.C., with whom Thomas J. Reiman, was on brief for intervenor, American Information Technologies Corp.

William Malone, Washington, D.C., with whom James R. Hobson, was on brief for intervenors, GTE Service Corp., et al.

John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, C. Grey Pash, Jr. and Jane E. Mago, Counsel, F.C.C. were on brief for appellee, F.C.C. Bruce E. Fein, Atty., F.C.C., Washington, D.C., also entered an appearance for appellee.

Jules M. Perlberg, Chicago, Ill., with whom Jonathan S. Hask, Howard J. Trienens, Chicago, Ill., and Alfred A. Green, New York City, were on brief for intervenor, American Tel. and Tel. Co.

Michael H. Bader, Kenneth A. Cox, William J. Byrnes, Thomas R. Gibbon and Theodore D. Kramer, Washington, D.C., were on brief for intervenor, MCI Telecommunications Corp. Robert Michelson, Washington, D.C., also entered an appearance for intervenor MCI Telecommunications Corp.

Robert L. Barada, Los Angeles, Cal., and Dennis S. Kahane, San Francisco, Cal., were on brief for intervenors, Pacific Bell, et al. Nancy L. Knowlton and Stanley J. Moore, San Francisco, Cal., also entered appearances for intervenors Pacific Bell, et al.

Edgar Mayfield, Bedminster, N.J., William C. Sullivan, Topeka, Kan., Linda S. Legg, St. Louis, Mo., and Liam S. Coonan, Washington, D.C., were on brief for intervenor, Southwestern Bell Telephone Co.

Saul Fisher, Bedminster, N.J., John B. Messenger, New York City, Raymond F. Scully, Philadelphia, Pa., and Alan B. Sternstein, Potomac, Md., were on brief for intervenors N.Y. Telephone Co., et al.

Lawrence W. Katz, entered an appearance for intervenors, Bell Telephone Co. of Pennsylvania, et al.

Albert H. Kramer and Denise Bonn, Washington, D.C., entered appearances for intervenor, North American Telecommunications Ass'n.

Before MIKVA and STARR Circuit Judges, and GREENE, District Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge.

This case involves two orders of the Federal Communications Commission ("FCC" or "Commission") issued in response to applications submitted by AT & T and certain of its subsidiaries. The applications sought and the FCC granted various approvals necessary to reorganize the Bell System in accordance with the settlement of the antitrust litigation between AT & T and the United States...

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