COMPETITIVE TELECOMMUNICATIONS ASS'N v. F.C.C.

Nos. 95-1168, 95-1170.

87 F.3d 522 (1996)

COMPETITIVE TELECOMMUNICATIONS ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Sprint Communications Company L.P., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1996.


Attorney(s) appearing for the Case

Robert J. Aamoth, Washington, DC, argued the cause for petitioner Competitive Telecommunications Association, with whom Genevieve Morelli, Alexandria, VA, was on the briefs.

Peter D. Keisler, Washington, DC, argued the cause for petitioner AT&T Corporation, with whom David W. Carpenter, Mark C. Rosenblum, Peter H. Jacoby and Judy Sello, Basking Ridge, NJ, were on the briefs. Robert E. McKee, Honolulu, HI, entered an appearance.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, Washington, DC, argued the cause for respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Carl D. Lawson, Counsel, were on the brief. Robert J. Wiggers and Robert B. Nicholson, Attorneys, United States Department of Justice, entered appearances.

Michael J. Shortley, Washington, DC, for Rochester Telephone Corporation, argued the cause for the Local Exchange Carrier Intervenors, with whom Michael S. Pabian, Ameritech Operating Companies, Richard McKenna, Irving, TX, GTE Service Corporation, Robert B. McKenna, Washington, DC, U.S. West Communications, Inc., John W. Bogy, Lucille M. Mates, San Franciso, CA, James L. Wurtz and Margaret E. Garber, Reno, NV, Pacific Bell and Nevada Bell, Robert M. Lynch, Durward D. Dupre and Thomas A. Pajda, St. Louis, MO, Southwestern Bell Telephone Company were on the brief.

Robert J. Aamoth, and Genevieve Morelli, Alexandria, VA, Competitive Telecommunications Association, Peter A. Rohrbach and Karis A. Hastings, Washington, DC, WorldCom Network Services, Inc., Leon M. Kestenbaum and H. Richard Juhnke, Sprint Communications, Inc., and Frank W. Krogh and Donald J. Elardo, Washington, DC, MCI Telecommunications, were on the brief for the Interexchange Intervenors.

Benjamin H. Dickens, Jr. and Brian D. Robinson, Washington, DC, were on the brief for intervenor Minnesota Independent Equal Access Corporation, Inc.

Leon M. Kestenbaum and H. Richard Juhnke, Sprint Communications, Inc., and Peter A. Rohrbecht and Karis A. Hastings, Washington, DC, WorldCom Network Services, Inc., were on the joint brief of Intervenors in support of Competitive Telecommunications Association.

Mark C. Rosenblum, Basking Ridge, NJ, Lawrence R. Sidman, Washington, DC, James P. Tuthill, San Francisco, CA, Gail L. Polivy, Washington, DC, David Cosson, Lakewood, CO, Linda L. Kent, Charles D. Cosson, Basking Ridge, NJ, Matthew R. Sutherland, Atlanta, GA, Edward R. Wholl, Joseph Di Bella, James S. Blaszak, Washington, DC, James R. Young, Boulder, CO, Lawrence W. Katz and Michael E. Glover, Arlington, VA, entered appearances.

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


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Local phone companies, known as local exchange carriers (LECs), receive a fee for providing long distance phone companies, known as interexchange carriers (IXCs), with access to their customers. In 1992 the Federal Communications Commission adopted an interim rate structure that governs the access charges that IXCs pay to LECs. Petitioner AT&T protests that the interim...

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