CAPITAL NETWORK SYSTEM, INC. v. F.C.C.

Nos. 91-1280, 91-1291.

3 F.3d 1526 (1993)

CAPITAL NETWORK SYSTEM, INC., Petitioner, NYCOM Information Services, Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, US WEST Communications, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1993.


Attorney(s) appearing for the Case

Mitchell F. Brecher, Washington, DC, argued the cause for petitioners. With him on the joint brief were Kathleen J. Masterton, Washington, DC, and Amy S. Gross, Stamford, CT.

Laurel R. Bergold, Counsel, Federal Communications Com'n ("FCC"), Washington, DC, argued the cause for respondents. With her on the brief were Renee Licht, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, FCC, and Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Dept. of Justice, Washington, DC. Robert L. Pettit, Washington, DC, also entered an appearance for respondents.

Robert B. McKenna, Denver, CO, entered an appearance for intervenor US WEST Communications, Inc.

Andrew D. Lipman, Washington, DC, entered an appearance for intervenor Zero Plus Dialing, Inc.

Donald W. Boecke, Washington, DC, entered an appearance for intervenor NYNEX Telephone Cos.

Martin T. McCue, Washington, DC, entered an appearance for intervenor United States Telephone Ass'n.

John W. Bogy, James P. Tuthill, and Stanley J. Moore, San Francisco, CA, entered appearances for intervenors Pacific Bell and Nevada Bell.

Alfred W. Whittaker, Washington, DC, and Floyd S. Keene, Hoffman Estates, IL, entered appearances for intervenors Ameritech Operating Cos.-Illinois Bell Telephone Co., et al.

Albert H. Kramer and Robert F. Aldrich, Washington, DC, entered appearances for intervenor American Public Communications Council of the North American Telecommunications Ass'n.

John Paul Walters, Edmond, OK, and Richard C. Hartgrove, St. Louis, MO, entered appearances for intervenor Southwestern Bell Telephone Co.

Theodore D. Frank and Vonya B. McCann, Washington, DC, entered appearances for intervenor Central Telephone Co. in No. 91-1291.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Capital Network System, Inc. and NYCOM Information Services, Inc. are providers of interexchange telephone service. They petition for review of a ruling of the Federal Communications Commission denying a request for the initiation of a rulemaking or other measures that would reinstate the regulation of billing and collection services provided by local exchange telephone companies...

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