AT&T CORP. v. F.C.C.

No. 95-1339.

86 F.3d 242 (1996)

AT&T CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Telecommunications Resellers Association and Public Service Enterprises of Pennsylvania, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1996.


Attorney(s) appearing for the Case

David W. Carpenter, Atlanta, GA, argued the cause for petitioner. With him on the briefs were Peter D. Keisler, Washington, DC, Mark C. Rosenblum and Daniel Stark, Basking Ridge, GA.

Laurel R. Bergold, Counsel, Federal Communications Commission, Washington, DC, argued the cause for respondents. With her on the briefs were 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, Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys, U.S. Department of Justice. Carl D. Lawson, Counsel, entered an appearance.

Charles C. Hunter, Henry D. Levine, Colleen Boothby and Kevin DiLallo, Washington, DC, were on the brief for intervenors.

Before: WILLIAMS, RANDOLPH and TATEL, Circuit Judges.


Opinion of the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Before selling its integrated telecommunications service, AT&T requires prospective customers to identify where each element of the service is to be installed. Responding to a complaint from a telecommunications reseller, the Federal Communications Commission ruled that AT&T's advance information requirement violates the Communications Act's prohibition on "unjust or unreasonable...

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