BELLSOUTH CORPORATION, et al., Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
AT&T Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 25, 1998.
Decided December 22, 1998.
Attorney(s) appearing for the Case
Laurence H. Tribe argued the cause for appellants. With him on the briefs were Jonathan S. Massey, Michael K. Kellogg, Charles R. Morgan, William B. Barfield, M. Robert Sutherland, Jim O. Llewellyn and David G. Frolio. Walter H. Alford entered an appearance.
Christopher J. Wright, General Counsel, Federal Communications Commission, argued the cause for appellee. With him on the briefs were Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, Laurence N. Bourne, Counsel, and Brian M. Hoffstadt, Special Counsel.
David W. Carpenter argued the cause for intervenors AT&T Corporation, et al. With him on the briefs were Peter D. Keisler, Mark C. Rosenblum, Roy E. Hoffinger, Donald B. Verrilli, Jr., Anthony C. Epstein, Ian Heath Gershengorn, William Single, IV, Sue D. Blumenfeld, David P. Murray, Charles C. Hunter, Catherine M. Hannan, Daniel L. Brenner, Neal M. Goldberg, David L. Nicoll, Richard J. Metzger, Emily M. Williams, Genevieve Morelli, Robert J. Aamoth, Richard S. Whitt, Riley M. Murphy, Danny E. Adams, Brad E. Mutschelknaus, John J. Heitmann, Jonathan E. Canis and James J. Freeman. Theodore. Whitehouse entered an appearance.
Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Philip D. Bartz, Acting Assistant Attorney General, Catherine G. O'Sullivan, Nancy C. Garrison, Robert B. Nicholson, Mark B. Stern, Jacob M. Lewis, and Alisa B. Klein, Attorneys, were on the briefs for intervenor United States of America.
William T. Lake, John H. Harwood, II and Robert B. McKenna were on the brief for intervenor U S WEST, Inc.
Kenneth S. Geller, Donald M. Falk, Harold S. Reeves, Theodore A. Livingston and John E. Muench were on the brief for intervenor Ameritech Corporation.
Before: EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge EDWARDS.
Separate statement filed by Circuit Judge SENTELLE, concurring in the result.
HARRY T. EDWARDS, Chief Judge:
This petition for review represents yet another attack by BellSouth Corporation on the constitutionality of the Telecommunications Act of 1996 (the "Act"). Just this past term, BellSouth challenged the validity of § 274 of the Act, 47 U.S.C. § 274 (Supp. II 1996), which limits the...
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