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ICORE, INC. v. F.C.C.

Nos. 91-1401, 91-1655.

985 F.2d 1075 (1993)

ICORE, INC., City of Brookings Municipal Telephone Company, Dunnell Telephone Company, Kadoka Telephone Company, Jefferson Telephone Company, Mount Rushmore Telephone Company, North State Telephone Company, Northwest Iowa Telephone Company, Prairie Grove Telephone Company, Summit Telephone and Telegraph of Alaska, and Union Telephone Company, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, National Telephone Cooperative Association and National Exchange Carrier Association, Inc., Intervenors. ICORE, INC., City of Brookings Municipal Telephone Company, Dunnell Telephone Company, Kadoka Telephone Company, Jefferson Telephone Company, Mount Rushmore Telephone Company, North State Telephone Company, Northwest Iowa Telephone Company, Prairie Grove Telephone Company, Summit Telephone and Telegraph of Alaska, and Union Telephone Company, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, National Telephone Cooperative Association and National Exchange Carrier Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1993.

Attorney(s) appearing for the Case

Bruce J. Ennis, Jr., with whom Carl S. Nadler and Ann M. Kappler, Washington, DC, were on the brief, for petitioners. Michael H. Salsbury, Washington, DC, entered an appearance for petitioners.

John E. Ingle, Deputy Associate Gen. Counsel, Federal Communications Com'n, with whom Robert L. Pettit, Gen. Counsel and James M. Carr, Counsel, Federal Communications Com'n, Robert B. Nicholson and Robert J. Wiggers, Attys., Dept. of Justice, Washington, DC, were on the brief, for respondents.

Richard A. Askoff, with whom Kenneth A. Levy, Timothy W. Bergin, David Cosson and L. Marie Guillory, Washington, DC, were on the joint brief, for intervenors National Telephone Co op. Ass'n and National Exchange Carrier Ass'n, Inc. James P. Murphy, Washington, DC, entered an appearance for intervenor National Exchange Carrier Ass'n, Inc.

Before: WILLIAMS, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

ICORE, Inc., is a consulting firm representing a consortium of local telephone companies. It and several such companies bring this petition for review to challenge a decision of the Federal Communications Commission as to how such phone companies are compensated for the interconnections they provide between their customers and providers of interstate long...

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