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ALARM INDUSTRY COMMUNICATIONS COMMITTEE v. F.C.C.

No. 97-1218.

131 F.3d 1066 (1997)

ALARM INDUSTRY COMMUNICATIONS COMMITTEE, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Ameritech Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1997.

Attorney(s) appearing for the Case

Danny E. Adams, Washington, DC, argued the cause for petitioner. With him on the briefs was Steven A. Augustino.

Stewart A. Block, Counsel, Federal Communications Commission, Washington, DC, argued the cause for respondents. With him on the brief were William E. Kennard, General Counsel at the time the brief was filed, Daniel M. Armstrong, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel. Andrea Limmer and Robert B. Nicholson, Attorneys, U.S. Department of Justice, entered appearances.

Kenneth S. Geller, Washington, DC, argued the cause for intervenor Ameritech Corporation. With him on the brief was Evan M. Tager.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Do a corporation's assets, when organized in a separate operating division and dedicated to a particular line of business, constitute an "entity"? This and related questions, in less abstract form, are posed by a provision in the Telecommunications Act of 1996. Pub.L. No. 104-104, 110 Stat. 56 (to be codified in various sections of 47...

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