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SOUTHWESTERN BELL TELEPHONE CO. v. F.C.C.

No. 97-3446.

138 F.3d 746 (1998)

SOUTHWESTERN BELL TELEPHONE COMPANY, Petitioner, Bell Atlantic Telephone Companies, Intervenor on Petition, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, New Valley Corporation, f/k/a Western Union, Intervenor on Petition.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1998.

Attorney(s) appearing for the Case

Durwood D. Dupre, St. Louis, MO, argued (James D. Ellis, Robert M. Lynch, David F. Brown and Steven D. Strickland, San Antonio, TX; Thomas A. Pajda, Steve Higgins and James W. Erwin, St. Louis, MO, on the brief), for Petitioner.

Michael Glover, Arlington, VA, argued (Edward D. Young III and Joseph Di Bella, on the brief), for Intervenor/Appellant.

John Ingle, Washington, DC, argued (Joel I. Klein, Robert B. Nicholson, Andrea Limmer, Christopher J. Wright and Laurel R. Bergold, on the brief), for Respondents.

Ky E. Kirby, Washington, DC, argued (Philip V. Permut, Steven A. Augustino, John R. Ferguson and Michael J. Lichtenstein, on the brief), for Intervenor/Appellee.

Before RICHARD S. ARNOLD, Chief Judge, MORRIS SHEPPARD ARNOLD, Circuit Judge, and SACHS, District Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

I.

In the early 1980s, following the breakup of AT & T, the Federal Communications Commission required local telephone companies, or local exchange carriers ("LECs"), to provide long-distance companies, also called interexchange carriers ("IXCs"), with access to local exchange facilities at a regulated and approved rate. Interexchange service generally originates with LEC facilities through which the sending party...

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