MOUNTAIN STATES TEL. AND TEL. CO. v. F.C.C.

No. 88-1262.

939 F.2d 1021 (1991)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents, American Telephone and Telegraph Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1991.

As Amended August 20, 1991.


Attorney(s) appearing for the Case

Robert B. McKenna, with whom Dana A. Rasmussen was on the brief, for petitioners.

Laurel R. Bergold, Attorney, F.C.C., with whom Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Dept. of Justice, and Diane S. Killory, General Counsel, Daniel M. Armstrong, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel, F.C.C., were on the brief, for respondents.

Alfred Winchell Whittaker, with whom Melanie S. Fannin, David K. Hall, Floyd S. Keene, Linda Kent, Mark J. Mathis, Martin T. McCue, Patricia J. Nobles, Thomas A. Pajda, William C. Sullivan and Thomas L. Welch were on the briefs, for intervenors Southwestern Bell Telephone Co., U.S. Telephone Ass'n, and Ameritech, Bell Atlantic and NYNEX subsidiaries.

Francine J. Berry and Jules M. Perlberg entered appearances for intervenor American Tel. and Tel. Co.

Liam S. Cooper, Gregory J. Christoffel and Patricia J. Nobles entered appearances for intervenor Southwestern Bell Telephone Co.

Saul Fisher, Mary McDermott and Martin J. Silverman entered appearances for intervenors New York Telephone Company and New England Tel. and Tel. Co.

Michael J. Karson and James R. Young entered appearances for intervening Bell Atlantic subsidiaries.

Roderick A. Mette entered an appearance for intervenor TRT Telecommunications Corp.

Before STARR and BUCKLEY, Circuit Judges, and ROBINSON, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge ROBINSON.

ROBINSON, Senior Circuit Judge:

Petitioners1 are common carriers providing local telephone and other telecommunications services as subsidiaries of U.S. West, Inc., one of seven regional Bell operating companies emerging from the breakup of American Telephone and Telegraph Company (AT & T).2 Joined by numerous intervening counterparts...

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