CABLE & WIRELESS P.L.C. v. F.C.C.

Nos. 97-1612, 97-1613, 97-1614, 97-1615, 97-1620, 97-1621, 97-1640, 97-1643, 97-1652, 97-1655.

166 F.3d 1224 (1999)

CABLE & WIRELESS P.L.C., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Sprint Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1999.


Attorney(s) appearing for the Case

Philip V. Permut argued the cause for petitioners Cable & Wireless, P.L.C., et al. Clifford M. Sloan argued the cause for petitioners GTE Service Corporation, et al. With them on the joint briefs were Robert J. Aamoth, R. Michael Senkowski, M. Edward Whelan, III, Gail L. Polivy, Gregory C. Staple, R. Edward Price, Jonathan Jacob Nadler, Kenneth S. Geller and Erika Z. Jones. Donald M. Falk, Harold S. Reeves and Joan M. Griffin entered appearances.

Alan Y. Naftalin, Gregory C. Staple and R. Edward Price were on the briefs for petitioner Telstra Corporation Limited.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert J. Wiggers and Robert B. Nicholson, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel.

David W. Carpenter argued the cause for intervenors AT&T Corporation, et al. With him on the brief were Gene C. Schaerr, Mark C. Rosenblum, James J.R. Talbot, Ann M. Kappler, Matthew B. Pachman, Leon M. Kestenbaum, H. Richard Juhnke and Robert S. Koppel. Ann J. LaFrance and John M. Scorce entered appearances.

Philip V. Permut, Robert J. Aamoth, Raul R. Rodriguez, Jeffrey P. Cunard and Lothar A. Kneifel were on the principal joint brief of intervenors from developed and developing countries. Joan M. Griffin entered an appearance.

Philip V. Permut, Robert J. Aamoth and Jonathan Jacob Nadler were on the joint brief of intervenors from developing countries. Joan M. Griffin entered an appearance.

Before: RANDOLPH and TATEL, Circuit Judges and BUCKLEY, Senior Circuit Judge.


TATEL, Circuit Judge:

In order to strengthen the bargaining position of domestic telecommunications companies in negotiations with their foreign counterparts over the price of completing international long-distance calls, the Federal Communications Commission issued an Order prohibiting U.S. companies from paying more than certain benchmark rates for such "termination" services. Petitioners, a group of foreign telecommunications companies, claim that the Commission...

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