ILLINOIS BELL TELEPHONE COMPANY, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, The Ohio Bell Telephone Company, and Wisconsin Bell, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
BellSouth Corporation, Southern Bell Telephone and Telegraph Company and South Central Bell Telephone Company, Consumer Federation of America, The International Communications Association and MCI Telecommunications Corporation, New York Telephone Company and New England Telephone and Telegraph Company (NYNEX), United States Telephone Association, American Telephone and Telegraph Company, National Telephone Cooperative Association, Pennsylvania Office of Consumer Advocate, GTE Service Corporation and GTE Telephone Operating Companies, Indiana Office of Utility Consumer Counselor, Southwestern Bell Telephone Company, Bell Atlantic Telephone Companies, U S WEST Communications, Inc., The Ad Hoc Telecommunications Users Committee, Rochester Telephone Corporation, The Organization for the Protection and Advancement of Small Telephone Companies, Maryland People's Counsel, Intervenors.
BELLSOUTH CORPORATION, Southern Bell Telephone and Telegraph Company and South Central Bell Telephone Company, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
New York Telephone Company and New England Telephone and Telegraph Company (NYNEX), et al., Intervenors.
ILLINOIS BELL TELEPHONE COMPANY, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, The Ohio Bell Telephone Company, and Wisconsin Bell, Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Telephone and Telegraph Company, GTE Service Corporation and the GTE Telephone Operating Companies, et al., Intervenors.
ILLINOIS BELL TELEPHONE COMPANY, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, The Ohio Bell Telephone Company and Wisconsin Bell, Inc., BellSouth Corporation, South Central Bell Telephone Company and Southern Bell Telephone and Telegraph Company, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Telephone and Telegraph Company, Southwestern Bell Telephone Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 12, 1993.
Decided April 2, 1993.
Attorney(s) appearing for the Case
Alfred W. Whittaker argued the cause, for petitioners Illinois Bell Telephone Co., Indiana Bell Telephone Co., Inc., Michigan Bell Telephone Co., The Ohio Bell Telephone Co., and Wisconsin Bell, Inc. With him on the briefs were John G. Mullan, Floyd S. Keene, and Michael S. Pabian.
M. Robert Sutherland argued the cause, for petitioners BellSouth Corp., Southern Bell Telephone and Telegraph Co. and South Central Bell Telephone Co. With him on the briefs was William B. Barfield.
Laurence N. Bourne, Counsel, F.C.C., argued the cause, for respondents. With him on the brief were Renee Licht, Acting General Counsel, and John E. Ingle, Deputy Associate General Counsel, F.C.C., and Robert B. Nicholson and Robert J. Wiggers, Attorneys, Department of Justice.
Frank W. Krogh argued the cause, for intervenors Consumer Federation of America, Indiana Office of Utility Consumer Counselor, Maryland People's Counsel, Pennsylvania Office of Consumer Advocate, International Communications Ass'n, and MCI Telecommunications Corp. With him on the joint brief were Gene Kimmelman, Robert K. Johnson, John M. Glynn, Gary L. Lieber, Robert L. Duston, Philip F. McClelland, Denise C. Goulet, Brian R. Moir, and Donald J. Elardo.
Robert B. McKenna, Durward D. Dupre, Richard C. Hartgrove, and Thomas A. Pajda were on the joint brief, for intervenors U S WEST Communications, Inc., and Southwestern Bell Telephone Co.
William B. Barfield and R. Frost Branon, Jr. entered appearances, for intervenors BellSouth Corp., Southern Bell Telephone and Telegraph Co. and South Central Bell Telephone Co.
Saul Fisher, Mary McDermott, and Donald W. Boecke entered appearances, for intervenors New York Telephone Co. and New England Telephone and Telegraph Co.
Martin T. McCue entered an appearance, for intervenor U.S. Telephone Ass'n.
Francine J. Berry, Jules M. Perlberg, and C. John Buresh, for intervenor American Telephone and Telegraph Co.
David Cosson entered an appearance, for intervenor National Telephone Cooperative Ass'n.
Gail L. Polivy and Richard McKenna entered appearances, for intervenors GTE Service Corp. and GTE Telephone Operating Companies.
Richard C. Hartgrove, Durward D. Dupre, and Thomas A. Pajda entered appearances, for intervenor Southwestern Bell Telephone Co.
Thomas L. Welch and Mark J. Mathis entered appearances, for intervenor Bell Atlantic.
James S. Blaszak and Charles C. Hunter entered appearances, for intervenor Ad Hoc Telecommunications Users Committee.
Lisa M. Zaina entered an appearance, for intervenor The Organization for the Protection and Advancement of Small Telephone Companies.
Alfred W. Whittaker, John G. Mullen, Floyd S. Keene, and Michael S. Pabian entered appearances, for intervenors Illinois Bell Telephone Co., Indiana Bell Telephone Co., Inc., Michigan Bell Telephone Co., The Ohio Bell Telephone Co., and Wisconsin Bell, Inc.
Thomas J. Casey and Jay L. Birnbaum entered appearances, for intervenor Central Telephone Co.
John Thorne, Michael D. Lowe, and J. Manning Lee entered appearances, for intervenor Bell Atlantic Telephone Companies.
Before: MIKVA, Chief Judge, BUCKLEY and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
In 1984, in compliance with a consent decree, American Telephone and Telegraph Company divested itself of the twenty-two companies in the Bell System providing local telephone, or local exchange, service. United States v. Western Elec. Co.,797 F.2d 1082, 1084 (D.C.Cir.1986); see generally United States v. American Tel. & Tel. Co...
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