EQUIPMENT DISTRIBUTORS' COALITION, INC. v. F.C.C.

Nos. 85-1391, 85-1433.

824 F.2d 1197 (1987)

EQUIPMENT DISTRIBUTORS' COALITION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Mountain States Telephone & Telegraph Co., et al., BellSouth Corporation, et al., the North American Telecommunications Assoc., AT & T Information Systems, Inc., ROLM Corporation, Bell Atlantic Telephone Companies, NYNEX Corporation, Ameritech Operating Companies, Intervenors. NORTH AMERICAN TELECOMMUNICATIONS ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Mountain States Telephone & Telegraph Co., et al., ROLM Corporation, AT & T Information Systems, Inc., Bell Atlantic Telephone Companies, BellSouth Corporation, Ameritech Operating Companies, NYNEX Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 1987.


Attorney(s) appearing for the Case

Anne K. Bingaman and Albert H. Kramer, with whom Denise Bonn and Michael E. Fine, Washington, D.C., were on brief, for petitioners.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Com'n, with whom Jack D. Smith, General Counsel, Daniel M. Armstrong, Associate General Counsel, Jane E. Mago, Counsel, F.C.C., Catherine G. O'Sullivan and Andrea Limmer, Dept. of Justice, were on brief, for respondents; Linda Oliver, counsel, F.C.C., Washington, D.C., also entered an appearance for respondents.

Jules M. Perlberg, with whom Jonathan S. Hoak and C. John Buresh, Chicago, Ill., were on brief, for intervenor, AT & T Information Systems, Inc.

Vincent L. Sgrosso and R. Frost Branon, Jr., were on brief for intervenors, BellSouth Corp., et al; John F. Beasley and Norman C. Frost, Chicago, Ill., entered appearances for intervenors, BellSouth Corp., et al.

Robert B. McKenna, Washington, D.C., entered an appearance for intervenors, The Mountain States Telephone & Telegraph Co., et al.

Mary Jo Manning, Washington, D.C., entered an appearance for intervenor, ROLM Corp.

Laurence W. Katz and Robert A. Levetown, Washington, D.C., entered appearances for intervenors, Bell Atlantic Telephone Companies, et al.

Gerald E. Murray and John Messenger, New York City, entered appearances for intervenor, NYNEX Corp.

Alfred Winchell Whittaker, Washington, D.C., and Thomas J. Reiman, Chicago, Ill., entered appearances for intervenor, Ameritech Operating Companies.

Before WALD, Chief Judge, and BORK and SILBERMAN, Circuit Judges.


Opinion Per Curiam.

PER CURIAM:

The Federal Communications Commission approved the transfer from the local exchange telephone companies, then owned by the American Telephone and Telegraph Company ("AT & T"), to AT & T Information Systems, Inc. ("AT & T-IS") of the local telephone companies' business in commercial customer premises communications equipment. Petitioners Equipment Distributors' Coalition and North American Telecommunications Association...

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