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MCI TELECOMMUNICATIONS CORP. v. F.C.C.

No. 92-1295.

10 F.3d 842 (1993)

MCI TELECOMMUNICATIONS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. American Telephone and Telegraph Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1993.

Attorney(s) appearing for the Case

Donald J. Elardo, argued the cause, for petitioner. With him on the briefs were Loretta J. Garcia and Frank W. Krogh.

Carl D. Lawson, Counsel, F.C.C., argued the cause, for respondents. With him on the brief were Renee Licht, Acting Gen. Counsel, F.C.C., Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Anne K. Bingaman, Asst. Atty. Gen., U.S. Dept. of Justice, Robert B. Nicholson and Robert J. Wiggers, Attys., U.S. Dept. of Justice. Laurence N. Bourne, Counsel, F.C.C., entered an appearance, for respondents.

Peter D. Keisler, argued the cause, for intervenors. With him on the brief were David W. Carpenter and Roy E. Hoffinger.

Before SILBERMAN, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In a complaint proceeding before the Federal Communications Commission, MCI sought damages from American Telephone & Telegraph Co. (AT & T) for violations of section 201(b) of the Communications Act of 1934, 47 U.S.C. § 201(b) (1988). The Commission, by order, held that a rulemaking that took effect in 1992 precluded an award...

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