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NEW YORK STATE DEPT. OF LAW v. F.C.C.

Nos. 91-1362, 91-1367 and 91-1368.

984 F.2d 1209 (1993)

NEW YORK STATE DEPARTMENT OF LAW and The New York State Consumer Protection Board, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, New York Telephone Company and New England Telephone and Telegraph Company, Intervenors. ALLNET COMMUNICATION SERVICES, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, New York Telephone Company and New England Telephone and Telegraph Company, Intervenors. Scott J. RAFFERTY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, New York Telephone Company and New England Telephone and Telegraph Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 1993.

Attorney(s) appearing for the Case

John E. Ingle, Deputy Associate General, F.C.C., with whom Robert L. Pettit, General Counsel, and Laurence N. Bourne, Counsel, F.C.C., Catherine G. O'Sullivan and Andrea Limmer, Attys., Dept. of Justice, Washington, DC, were on the brief, for respondents.

E. Edward Bruce, Washington, DC, with whom Saul Fisher, White Plains, NY, were on the brief, for intervenors New York Telephone Co. and New England Telephone and Telegraph Co. Donald W. Boecke, Washington, DC, entered an appearance, for intervenors.

Before WALD, D.H. GINSBURG and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In 1990, the Federal Communications Commission ("FCC" or "Commission") brought an enforcement action against two wholly owned, regulated affiliates of the NYNEX Corporation ("NYNEX"). The FCC alleged that these two affiliates, the New England Telephone and Telegraph Company ("NET") and the New York Telephone Company ("NYT"), violated FCC rules...

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