ILLINOIS BELL TELEPHONE COMPANY, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 13, 1990.
Decided August 17, 1990.
Attorney(s) appearing for the Case
Alfred Winchell Whittaker, with whom Katherine C. Zeitlin and Floyd S. Keene, for Illinois Bell Telephone Co., et al., William B. Barfield and R. Frost Branon, Jr., for BellSouth Corp., William C. Sullivan, Richard C. Hartgrove, and Patricia J. Nobles, for Southwestern Bell Telephone Co., Martin T. McCue for U.S. Telephone Ass'n, and Dana B. Rasmussen and Robert B. McKenna, for Mountain States Tel. & Tel. Co., et al., were on the joint brief, for petitioners and supporting intervenors in 88-1175 and 89-1241. Melanie S. Fannin, for Southwestern Bell Telephone Co., also entered an appearance, for petitioners and supporting intervenors.
Linda L. Oliver, Atty. for F.C.C., with whom Robert L. Pettit, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel for FCC, James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and Robert J. Wiggers, Dept. of Justice, were on the brief, for respondents in both cases. Diane S. Killory, Atty. for F.C.C., also entered an appearance, for respondents.
David Casson and L. Marie Guillory were on the brief, for intervenor Nat. Telephone Co-op. Ass'n in No. 89-1241. Denise M. Drialo also entered an appearance, for intervenor Nat. Telephone Co-op. Ass'n.
Jules M. Perlberg, Francine J. Berry, and Marc E. Manly entered appearances, for intervenor AT & T in Nos. 88-1175 and 89-1241.
James R. Young, David K. Young, and Thomas L. Welch entered appearances, for intervenor Bell Atlantic Telephone Co. in Nos. 88-1175 and 89-1241.
J. Richard Devlin, Carolyn C. Hill, and James T. Roche entered appearances, for intervenor United Telephone System Companies in Nos. 88-1175 and 89-1241.
Saul Fisher, Mary McDermott, and Martin J. Silverman entered appearances, for intervenor NYNEX Telephone Co. in Nos. 88-1175 and 89-1241.
Robert L. Barada, Nancy K. McMahon, and Stanley J. Moore entered appearances, for intervenors Pacific Bell and Nevada Bell in No. 88-1175.
Richard McKenna and Gail L. Polivy entered appearances, for intervenor GTE Service Corp. in No. 88-1175.
Martin T. McCue entered an appearance, for intervenor U.S. Telephone Association in No. 89-1241.
John C. Wohlstetter entered an appearance, for intervenor Contel Corp. in No. 89-1241.
Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge D.H. GINSBURG.
D.H. GINSBURG, Circuit Judge:
The petitioners seek review of an order of the Federal Communications Commission modifying the rules for determining the interstate rate base of so-called dominant telecommunications carriers, viz. all local exchange telephone companies, AT & T, and certain international carriers. The Commission excluded from the rate base certain categories of assets that...
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