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BEEHIVE TELEPHONE CO., INC. v. F.C.C.

No. 97-1662.

179 F.3d 941 (1999)

BEEHIVE TELEPHONE COMPANY, INC. and Beehive Telephone Nevada, Inc., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Southwestern Bell Telephone Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1999.

Attorney(s) appearing for the Case

George L. Lyon, Jr. argued the cause for petitioners. On the briefs was Russell D. Lukas.

K. Michele Walters, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.

John M. Goodman, William B. Barfield, M. Robert Sutherland, James D. Ellis, Patricia Diaz Dennis, Robert M. Lynch and Robert B. McKenna were on the brief for Bell Company intervenors. David F. Brown and Michael E. Glover entered appearances.

Before: EDWARDS, Chief Judge, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Federal Communications Commission, holding that access to the central database of routing information for toll-free telephone numbers is a common carrier telecommunications service, required the Bell Operating Companies (BOCs) to file a tariff of rates for that service. See In the Matter of Provision of Access for 800 Service (CompTel Declaratory Ruling), 8 F.C.C.R....

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