SOUTHWESTERN BELL TELE. CO. v. F.C.C

No. 95-1592.

100 F.3d 1004 (1996)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, AT&T Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 1996.


Attorney(s) appearing for the Case

Mark L. Evans argued the cause for petitioner, with whom Sean A. Lev, Washington, DC, Robert M. Lynch, Durward D. Dupre, and Thomas A. Pajda, St. Louis, MO, were on the briefs.

Laurel R. Bergold, Counsel, Federal Communications Commission, argued the cause for respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, Anne K. Bingaman, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, were on the brief.

Gene C. Schaerr, Washington, DC, argued the cause for intervenor, with whom Richard J. Metzger, Arlington, VA, was on the brief. Mark C. Rosenblum, Baskenridge, NJ, Peter D. Keisler, Donald J. Elardo, and Frank W. Krogh, Washington, DC, entered appearances.

Before: EDWARDS, Chief Judge, SILBERMAN and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Southwestern Bell Telephone Company petitions for review of an order of the Federal Communications Commission holding a Southwestern Bell tariff amendment unlawful. In its tariff amendment, Southwestern Bell sought the ability to deviate from geographically averaged rates otherwise required by Commission regulations in response to a customer's request for proposal to provide...

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