GTE SERVICE CORP. v. F.C.C.

No. 84-1451.

782 F.2d 263 (1986)

GTE SERVICE CORPORATION, et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, MCI Telecommunications Corp., Illinois Bell Telephone Co., 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, North American Telecommunications Association, US West, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1986.


Attorney(s) appearing for the Case

William Malone, with whom James R. Hobson was on brief for appellants, 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, F.C.C., also entered an appearance for appellee.

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

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

Jules M. Perlberg, with whom Jonathan S. Hoak, Howard J. Trienens and Alfred A. Green 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 were on brief for intervenor, MCI Telecommunications Corp. Robert Michelson also entered an appearance for intervenor MCI Telecommunications Corp.

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

Edgar Mayfield, William C. Sullivan, Linda S. Legg and Liam S. Coonan were on brief for intervenor, Southwestern Bell Telephone Co.

Saul Fisher, John B. Messenger, Raymond F. Scully and Alan B. Sternstein were on brief for intervenors, New York Telephone Co., et al.

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

Albert H. Kramer and Denise Boon entered appearances for intervenor, North American Telecommunications Assn.

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


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

GTE Service Corp. owns several "independent" local telephone companies, that is, local companies that were not part of the AT & T family prior to the recent divestiture. The principal issue raised by GTE's appeal is whether the Federal Communications Commission abused its discretion when it authorized the transfer of facilities necessary to implement the break-up of the Bell System...

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