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

Nos. 86-1181, 86-1248.

842 F.2d 1296 (1988)

MCI TELECOMMUNICATIONS 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.

Decided March 29, 1988.


Attorney(s) appearing for the Case

Ellen G. Block, with whom John M. Scorce and Ruth S. Baker-Battist, Washington, D.C., were on brief, for petitioner. William J. Byrnes, Washington, D.C., also entered an appearance for petitioner.

John Ingle, Deputy Associate Gen. Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. 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, St. Louis, Mo. (for Southwestern Bell), with whom Raymond F. Scully, Alan B. Sternstein, St. Louis, Mo., and John W. Berresford, Philadelphia, Pa. (for Bell intervenors); Jonathan S. Hoak, David W. Carpenter, Chicago, Ill., and Francine J. Berry, New York City (for American Tel. & Tel. Co.); Alfred Winchell Whittaker, Washington, D.C. (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, Washington, D.C. (for U.S. West Telephone Companies) were on the joint brief, for intervenors.

Thomas J. Reiman, Chicago, Ill., entered an appearance for intervenors Ameritech Operating 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, White Plains, N.Y., 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.

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, James R. Young, Washington, D.C., and J. Manning Lee entered appearances for intervenor Bell Atlantic Telephone Companies.

H. Richard Juhnke and Peter G. Wolfe, Washington, D.C., entered appearances for intervenor Western Union Corp. in No. 86-1181.

John A. Ligon, New York City, entered an appearance for intervenor U.S. Sprint in No. 86-1181.

Randolph J. May, Timothy J. Cooney, Joseph DeFranco, Howard Monderer, and Daniel A. Huber, Washington, D.C., entered appearances for intervenors American Broadcasting Companies, et al. in No. 86-1181.

Dana A. Rasmussen and Robert B. McKenna, Washington, D.C., entered appearances for intervenor Mountain States Tel. & Tel. Co., et al.

Before MIKVA, EDWARDS, and BUCKLEY, Circuit Judges.


Opinion for the court filed by Circuit Judge EDWARDS.

Opinion filed by Circuit Judge BUCKLEY, dissenting in part.

HARRY T. EDWARDS, Circuit Judge:

In this case MCI Telecommunications Corporation ("MCI") has petitioned for review of an order by the Federal Communications Commission ("FCC") in Investigation of Special Access Tariffs of Local Exchange Carriers, FCC 86-52 (Jan. 24, 1986) ("Special Access Order"), reprinted in Joint...

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