C.F. COMMUNICATIONS CORP. v. F.C.C.

Nos. 95-1563, 95-1566.

128 F.3d 735 (1997)

C.F. COMMUNICATIONS CORPORATION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Century Telephone of Wisconsin, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 1997.


Attorney(s) appearing for the Case

Albert H. Kramer, Washington, DC, argued the cause for petitioners, with whom Robert F. Aldrich and Andrew J. Phillips were on the briefs.

Aaron J. Rappaport, Attorney, Federal Communications Commission, Washington, DC, argued the cause for respondents. William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Carl D. Lawson, Counsel, Federal Communications Commission, Joel I. Klein, Acting Assistant Attorney General, United States Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, were on the brief. Susan L. Fox, Counsel, Federal Communications Commission, entered an appearance.

M. Edward Whelan, III, Los Angeles, CA, argued the cause for intervenors, with whom Benjamin H. Dickens, Jr., Susan J. Bahr, and David L. Nace, Washington, DC, were on the brief. David J. Gudino, Irving, TX, entered an appearance.

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


Opinion for the court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

These petitions seek review of a Federal Communications Commission decision permitting local telephone companies (known as "local exchange carriers" or "LECs") to assess End User Common Line ("EUCL") charges on an independent payphone provider. Petitioners — the independent payphone provider and a trade association of independent payphone providers — argue that the...

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