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

No. 96-1147.

113 F.3d 225 (1997)

AT&T CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. MCI Telecommunications Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 1997

Attorney(s) appearing for the Case

Jules M. Perlberg, Chicago, IL, argued the cause, for petitioner, with whom Peter D. Keisler, Mark C. Rosenblum, and Peter H. Jacoby, Washington, DC, were on the briefs.

Stewart A. Block, Counsel, Federal Communications Commission, Washington, DC, argued the cause, for respondent, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, Laurel R. Bergold, Counsel, Joel I. Klein, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan, and Nancy C. Garrison, Attorneys, were on brief.

Donald J. Elardo and Frank W. Krogh, Washington, DC, entered appearances for intervenor MCI Telecommunications Corporation.

Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

AT&T Corporation, joined by intervenor MCI Telecommunications Corporation, petitions for review of an order of the Federal Communications Commission ("FCC") that purported to clarify a portion of a regulation on access to billing names and addresses issued earlier in the same rulemaking proceeding. AT&T contends that the "clarification," prohibiting use of the names and addresses for marketing purposes, is a substantive modification...

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