PEOPLE OF STATE OF CAL. v. F.C.C.

Nos. 91-70336, 91-70040, 91-70164 and 91-70302.

4 F.3d 1505 (1993)

PEOPLE of the STATE OF CALIFORNIA, et al., Petitioners, New York Telephone Company and New England Telephone Companies (The "Nynex Telephone Companies"), et al., Intervenors, v. FEDERAL COMMUNICATIONS COMMISSION, et al., and United States of America, Respondents. MCI TELECOMMUNICATIONS CORPORATION, Petitioner, National Telephone Cooperative Association, Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents. PEOPLE of the STATE OF CALIFORNIA, Public Utilities Commission of the State of California, Petitioners, Pacific Bell & Nevada Bell, et al., Petitioners-Intervenors, Coalition of Open Network Architecture Parties ("CONAP"), Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION, et al., United States of America, Respondents, Ameritech Operating Companies, (Illinois Bell Telephone Co., Indiana Bell Telephone Co. Incorp., Michigan Bell Telephone Co., Ohio Bell Telephone Co., Wisconsin Bell, Inc.), et al., Respondents-Intervenors. MCI COMMUNICATIONS CORPORATION, Petitioner, The National Association of Regulatory Utility Commissioners, et al., Intervenors, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1993.


Attorney(s) appearing for the Case

Mark Fogelman, California Public Utilities Com'n, San Francisco, CA, for petitioners.

Frank W. Krogh, MCI Telecommunications Corp., Washington, DC, for petitioners MCI.

John E. Ingle, F.C.C., Washington, DC, for respondent FCC.

Michael K. Kellogg, Mayer, Brown & Platt, Washington, DC, for intervenors in support of the respondents in the California cases.

J. Roger Wollenberg, Wilmer, Cutler & Pickering, Washington, DC, for intervenors in support of respondents in the MCI cases.

Before: SCHROEDER and BRUNETTI, Circuit Judges, and KING, District Judge.


SCHROEDER, Circuit Judge:

OVERVIEW

MCI Corporation and the State of California petition for review of four FCC orders approving access arrangements, known as Open Network Architecture (ONA), to the telephone transmission network.1 MCI and the numerous supporting intervenors2 (collectively referred to as MCI), are all competitors of the Bell Operating Companies (BOCs) in providing "enhanced services...

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