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VIRGIN ISLANDS TELEPHONE CORP. v. F.C.C.

No. 98-1575.

198 F.3d 921 (1999)

VIRGIN ISLANDS TELEPHONE CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. AT&T Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1999.

Attorney(s) appearing for the Case

Daniel E. Troy argued the cause for petitioner. With him on the briefs was Carl J. Hartmann, III.

Lisa A. Burns, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, and Robert B. Nicholson and Robert J. Wiggers, Attorneys. Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, and Pamela L. Smith, Counsel, entered appearances.

Gene C. Schaerr, Mark C. Rosenblum, and James J.R. Talbot were on the brief for intervenor.

Before: SENTELLE, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Petitioner, the Virgin Islands Telephone Corporation, is a provider of local telephone service in the U.S. Virgin Islands. AT&T Submarine Systems, Inc. ("AT&T-SSI"), a wholly-owned subsidiary of intervenor, AT&T Corporation, constructs and maintains undersea fiber optic telecommunications cable systems, or, submarine cable systems. In this appeal, petitioner contends that...

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