ILLINOIS BELL TELEPHONE COMPANY, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Bell Atlantic Telephone Companies, United States Telephone Association, North American Telecommunications Association, People of the State of California, et al., Mountain States Telephone and Telegraph Co., et al., International Communications Association, Independent Data Communications Manufacturers Association, Inc., New York Telephone Co., Pacific Bell and Nevada Bell, GTE Service Corporation, Southwestern Bell Telephone Co., Central Telephone Co., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 16, 1989.
Decided August 1, 1989.
As Amended August 1, 1989.
Attorney(s) appearing for the Case
Alfred W. Whittaker, Richmond, Va., with whom Floyd S. Keene, Milwaukee, Wis., was on the brief, for petitioners.
Laurel R. Bergold, Atty., F.C.C., with whom Diane S. Killory, Daniel M. Armstrong, C. Grey Pash, Jr., Attys., F.C.C., Catherine G. O'Sullivan and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.
Linda L. Oliver, Washington, D.C., and John E. Ingle, Attys., F.C.C., also entered appearances for respondents.
Albert H. Kramer and Denise Bonn, Washington, D.C., were on the brief for intervenor North American Telecommunications Ass'n.
Herbert E. Marks, James L. Casserly and David Alan Nall, Washington, D.C., were on the brief, for intervenor Independent Data Communications Manufacturers Ass'n, Inc.
James R. Young and Lawrence W. Katz entered appearances for intervenor Bell Atlantic Telephone Cos.
Martin T. McCue, Washington, D.C., entered an appearance, for intervenor U.S. Telephone Ass'n.
Janice E. Kerr, J. Calvin Simpson, San Francisco, Cal., and Ellen S. Levine entered appearances, for intervenor People of the State of Cal., et al.
Dana A. Rasmussen, Robert B. McKenna and Debra T. Yarbrough, Washington, D.C., entered appearances for Mountain States Tel. and Tel. Co., et al.
Brian R. Moir entered an appearance, for intervenor International Communications Ass'n.
Mary McDermott and Martin J. Silverman entered appearances for intervenor New York Telephone Co.
Robert A. Barada, Jeffrey B. Thomas, Cincinnati, Ohio, and Stanley J. Moore entered appearances for Pacific Bell and Nevada Bell.
Richard McKenna and Daniel L. Bart entered appearances for intervenor GTE Service Corp.
William C. Sullivan, Michael J. Zpevak and Liam S. Coonan, St. Louis, Mo., entered appearances for intervenor Southwestern Bell Telephone Co.
Theodore D. Frank, Washington, D.C., entered an appearance for Central Telephone Co.
Before MIKVA, SILBERMAN and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
The Ameritech Operating Companies ("Ameritech" or "petitioners"), a commonly-owned association of five Bell Operating Companies ("BOCs") spun off pursuant to a settlement of an antitrust suit brought by the government against AT & T, see United States v. AT & T,552 F.Supp. 131 (D.D.C.1982), aff'd sub nom. Maryland v. United...
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