No. 88-1771.

906 F.2d 713 (1990)

PUBLIC SERVICE COMMISSION OF the DISTRICT OF COLUMBIA, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, United States Telephone Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1990.

Attorney(s) appearing for the Case

Howard C. Davenport, with whom Mary J. Sisak, Thomas J. Moorman, Peter G. Wolfe, and S. Keith Townsend were on the brief, for petitioner.

Linda L. Oliver, Counsel, Federal Communications Com'n ("FCC"), with whom James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and Andrea Limmer, Attys., U.S. Dept. of Justice, and Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, FCC, were on the brief, for respondents.

Martin T. McCue, for United States Telephone Ass'n, R. Frost Branon, Jr., for Bell South Corp., et al., Gail L. Polivy, for GTE Service Corp., Saul Fisher, for New York Telephone Co. and New England Tel. & Tel. Co., James P. Tuthill, John W. Bogy, and Stanley J. Moore, for Pacific Bell and Nevada Bell, William C. Sullivan, Richard C. Hartgrove, and Patricia J. Nobles, for Southwestern Bell Telephone Co., and Robert B. McKenna, for Mountain States Tel. & Tel. Co., Northwestern Bell Telephone Co. and Pacific Northwest Bell Telephone Co., were on the joint brief, for intervening local telephone companies. William B. Barfield, for Bell South Corp., et al., Nancy K. McMahon, for Pacific Bell and Nevada Bell, Michael A. Meyer and Melanie S. Fannin, for Southwestern Bell Telephone Co., Martin J. Silverman and Mary McDermott, for New York Telephone Co., et al., and James R. Hobson, for GTE Service Corp. entered appearances, for intervening local telephone companies.

David Cosson and Denise M. Drialo entered appearances, for intervenor National Telephone Co-op. Ass'n.

Thomas L. Welch, David K. Hall, and Mark J. Mathis entered appearances, for intervenors Bell Atlantic Telephone Co.

Alfred Winchell Whittaker and Floyd S. Keene entered appearances, for intervenors The Ameritech Operating Cos., et al.

Lisa M. Zaina entered an appearance, for intervenor Organization for the Protection and Advancement of Small Telephone Cos.

Richard A. Rocchini entered an appearance, for intervenor American Tel. & Tel. Co.

L. Marie Guillory entered an appearance, for amicus curiae District of Columbia Office of the People's Counsel, urging reversal.

Before MIKVA, SILBERMAN and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The Public Service Commission of the District of Columbia seeks review of a Federal Communications Commission order approving a revised separations manual used by telephone companies in allocating their costs between federal and state regulatory jurisdictions. It alleges that the agency did not give adequate notice of the changes as required by the Administrative Procedure Act and...

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