PUBLIC SERVICE COMMISSION OF MARYLAND and the Maryland Office of People's Counsel, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
Pennsylvania Public Utility Commission, Bell Atlantic Telephone Companies, American Telephone and Telegraph Company, MCI Telecommunications Corporation, National Association of Regulatory Utility Commissioners, New York Telephone Company, et al., Mountain States Telephone and Telegraph Company, Northwestern Bell Telephone Company, Pacific Northwest Bell Telephone Company, State of Michigan, Michigan Public Service Commission, Florida Public Service Commission, Public Service Commission of the District of Columbia, United States Telephone Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 27, 1990.
Decided August 3, 1990.
Attorney(s) appearing for the Case
Sandra Hall-Eckroade, with whom Bryan G. Moorhouse and John M. Glynn, were on the brief, for petitioner.
John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., with whom Robert L. Pettit, Gen. Counsel, and Linda L. Oliver, Atty., F.C.C., James F. Rill, Asst. Atty. Gen., Catherine G. O'Sullivan and Andrea Limmer, Attys., U.S. Dept. of Justice, were on the brief, for respondents. Diane S. Killory and Daniel M. Armstrong, Attys., F.C.C., also entered appearances, for petitioners.
David E. Smith and Debra W. Schiro for Florida Public Service Com'n, Paul Rodgers and Charles D. Gray for Nat. Ass'n of Regulatory Utility Com'rs, were on the joint brief, for intervenors.
Francine J. Berry, Michael J. Morrissey, David W. Carpenter, and Peter D. Keisler for American Tel. & Tel. Co., Mark J. Mathis and J. William Sarver for Bell Atlantic Telephone Companies, and Martin T. McCue for U.S. Telephone Ass'n were on the joint brief, for intervenors. Thomas L. Welch also entered an appearance, for intervenor Bell Atlantic Telephone Companies.
Veronica A. Smith, John F. Povilaitis and Sonia M. Walwyn entered appearances, for intervenor Pennsylvania Public Utility Com'n.
Frank W. Krogh and John M. Scorce, entered appearances, for intervenor MCI Telecommunications Corp.
Martin J. Silverman and Saul Fisher, entered appearances, for intervenor NYNEX Telephone Companies.
Dana A. Rasmussen and Robert B. McKenna, entered appearances for intervenors Mountain States Tel. & Tel. Co., Northwestern Bell Telephone Co., and Pacific Northwest Bell Telephone Co.
Frank J. Kelley, Louis J. Caruso, Don L. Keskey, and Henry J. Boynton, entered appearances for intervenors State of Michigan and Michigan Public Service Com'n.
Howard C. Davenport and Mary J. Sisak entered appearances for intervenor Public Service Com'n for the District of Columbia.
Before EDWARDS, 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 Maryland Public Service Commission petitions for review of an FCC order refusing to modify an FCC regulation that, inter alia, preempts the states' authority to regulate the rates of a particular service local exchange carriers provide to interexchange carriers. We deny the petition.
I.
This case presents a jurisdictional dispute between the FCC and...
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