WESTERN UNION CORPORATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Telephone & Telegraph Co., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 22, 1988.
Decided September 13, 1988.
Attorney(s) appearing for the Case
Milton J. Grossman, with whom H. Richard Juhnke, Arthur H. Simms, and Peter G. Wolfe, Washington, D.C., were on the brief, for petitioner.
John Ingle, Deputy Associate General Counsel, F.C.C., with whom Diane S. Killory, General Counsel, Daniel M. Armstrong, Associate General Counsel, Linda L. Oliver, and Laurel R. Bergold, Counsel, F.C.C., and Robert Nicholson and Andrea Limmer, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondents. Catherine G. O'Sullivan, Atty., U.S. Dept. of Justice, Washington, D.C., also entered an appearance for respondent U.S.
William R. Drexel, Kansas City, Mo. (for Southwestern Bell), with whom Raymond F. Scully, Alan B. Sternstein, Washington, D.C., and John W. Berresford, Philadelphia, Pa. (for Bell intervenors); Jonathan S. Hoak, David W. Carpenter, Washington, D.C., and Francine J. Berry, New York City (for American Tel. & Tel. Co.); Alfred Winchell Whittaker, Richmond, Va. (for Ameritech Operating Companies); R. Frost Branon, Jr., Atlanta, Ga. (for BellSouth Telephone Companies); Saul Fisher, Bedminster, N.J. (for NYNEX Telephone Companies); Dan T. Foley, Oklahoma City, Okl. (for Southwestern Bell Telephone Co.); and Robert B. McKenna, Denver, Colo. (for U.S. West Telephone Companies) were on the joint brief, for intervenors.
Thomas J. Reiman entered an appearance for intervenors Ameritech Operation Companies, et al. Katherine I. Hall, Washington, D.C., entered an appearance for intervenors the Bell Telephone Co. of Pennsylvania, et al. Martin J. Silverman, Washington, D.C., entered an appearance for intervenor NYNEX Telephone Companies. Robert L. Barada and Stanley J. Moore, San Francisco, Cal., entered appearances for intervenor Pacific Telesis Telephone Companies. T. Michael Payne, St. Louis, Mo., entered an appearance for intervenor Southwestern Bell Telephone Co. Jules M. Perlberg and Dale E. Thomas, Chicago, Ill., entered appearances for intervenor AT & T. Lawrence W. Katz, Prescott, Ariz., James R. Young, Washington, D.C., and J. Manning Lee entered appearances for intervenor Bell Atlantic Telephone Companies.
Dana A. Rasmussen, Washington, D.C., and Robert B. McKenna, Denver, Colo., entered appearances for intervenors Mountain States Tel. & Tel. Co., et al.
Randolph J. May, Timothy J. Cooney, Joseph DeFranco, Howard Monderer, and Daniel A. Huber, Washington, D.C., entered appearances for intervenors American Broadcasting Companies, Inc., et al., in No. 86-1268.
Before MIKVA, EDWARDS, and BUCKLEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
Western Union seeks review of the Federal Communications Commission's decisions approving the local telephone exchanges' rates charged to companies providing telex communications. As a ratepayer, Western Union objects that certain costs were improperly allocated to the particular services it required. Because the agency failed to explain adequately its decision approving the allocations...
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