BELLSOUTH CORPORATION, Petitioner
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
AT&T Corporation, et al., Intervenors
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 20, 1998.
Decided May 15, 1998.
Attorney(s) appearing for the Case
Laurence H. Tribe argued the cause for petitioner. With him on the briefs were Jonathan S. Massey, Walter H. Alford, William B. Barfield, M. Robert Sutherland, Michael K. Kellogg, Mark L. Evans and Robert B. McKenna.
Jacob M. Lewis, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the briefs were Frank W. Hunger, Assistant Attorney General, Stephen W. Preston, Deputy Assistant Attorney General, Mark B. Stern, Attorney, Christopher J. Wright, General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel. Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice, and Carl D. Lawson, Counsel, Federal Communications Commission, entered appearances.
Donald B. Verrilli, Jr. argued the cause for intervenors AT&T Corp., and MCI Telecommunications Corp. With him on the brief were David W. Carpenter, Peter D. Keisler, Matthew B. Pachman, Mark C. Rosenblum and Roy E. Hoffinger. Frank W. Krogh entered an appearance.
Before: EDWARDS, Chief Judge, WILLIAMS and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILLIAMS.
Dissenting opinion filed by Circuit Judge SENTELLE.
STEPHEN F. WILLIAMS, Circuit Judge:
Petitioner BellSouth Corporation challenges the constitutionality of Section 274 of the Telecommunications Act of 1996 (the "Act"), 47 U.S.C. § 274, and of the Federal Communications Commission's order implementing that provision.1 Section 274 limits the ability of Bell operating...
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