AT & T INFORMATION SYSTEMS, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
North American Telecommunications Ass'n, Mountain States Telephone and Telegraph Co., et al., B. South Corp., AT & T Information Systems, Inc., Southwestern Bell Telephone Co., Ameritech Operating Companies, ROLM Corp., New York Telephone Co., et al., Pacific Bell and Nevada Bell, Bell Atlantic Telephone Companies, NYNEX, South Central Bell Telephone Co., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 15, 1987.
Decided August 30, 1988.
Attorney(s) appearing for the Case
Jules M. Perlberg, Chicago, Ill., with whom Jonathan S. Hoak and Ronald S. Flagg, Washington, D.C., were on the brief, for petitioner. James A. Debois, Berkeley Heights, N.J., also entered an appearance for petitioner.
Linda L. Oliver, Counsel, F.C.C., with whom Diane S. Killory, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Robert B. Nicholson and Andrea Limmer, Attys., U.S. Dept., of Justice, and John E. Ingle, Counsel, F.C.C., Washington, D.C., were on the brief, for respondents. Catherine G. O'Sullivan, Atty., U.S. Dept. of Justice, and Jane E. Mago, Counsel, F.C.C., Washington, D.C., also entered appearances for respondents.
R. Frost Branon, Jr., Atlanta, Ga., (for BellSouth Corp., et al.), Alfred Winchell Whittaker, Washington, D.C., and Floyd S. Keene, Milwaukee, Wis., (for Ameritech Telephone Companies), Mark J. Mathis, James R. Young, Washington, D.C., and Lawrence W. Katz, Prescott, Ariz., (for Bell Atlantic Telephone Companies), Saul Fisher, Bedminster, N.J., and Martin J. Silverman, Washington, D.C., (for NYNEX Companies), William C. Sullivan, Topeka, Kan., and Keith E. Davis, St. Louis, Mo., (for Southwestern Bell Telephone Co.), Robert B. McKenna, Jr., Denver, Colo., and Dana A. Rasmussen, Washington, D.C., (for Mountain States Telephone & Telegraph Co., et al.), and Robert L. Barada, Margaret deB. Brown, Susan E. Barisone, and Stanley J. Moore, San Francisco, Cal., (for Pacific Bell and Nevada Bell) were on the joint brief for intervenors.
Linda S. Legg and Mary W. Marks, St. Louis, Mo., entered appearances for intervenor Southwestern Bell Telephone Co.; Norman C. Frost, Birmingham, Ala., entered an appearance for intervenor Bell-South Corp.; Thomas J. Reimar entered an appearance for intervenor Ameritech Operating Companies; John B. Messenger, Boston, Mass., entered an appearance for intervenor New York Telephone Co.; Thomas L. Welch, Philadelphia, Pa., entered an appearance for intervenor Bell Atlantic Telephone Companies; Albert H. Kramer and Denise C. Bonn, Washington, D.C., entered appearances for intervenor North American Telecommunications Association; and Mary Jo Manning, Washington, D.C., entered an appearance for intervenor ROLM Corp.
Before WALD, Chief Judge, and BORK 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:
AT & T Information Systems petitions for review of a Federal Communications Commission order requiring it to reimburse the cost of refurbishing certain equipment transferred to it as a result of the court-ordered breakup of American Telephone and Telegraph Company. As we find the FCC's actions inadequately explained and inconsistent with case law, we grant the petition and remand...
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