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

Nos. 93-1779, 97-1468.

168 F.3d 1344 (1999)

SOUTHWESTERN BELL TELEPHONE COMPANY, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. MFS Communications Company, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1999.


Attorney(s) appearing for the Case

Michael J. Zpevak argued the cause for petitioners. On the briefs were James D. Ellis, Robert M. Lynch, Durward D. Dupre, Darryl Howard, and Jeffrey B. Thomas. Nancy C. Woolf and Thomas A. Pajda entered appearances.

John E. Ingle, Deputy Associate General 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 B. Nicholson, and Robert J. Wiggers, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, Daniel M. Armstrong, Associate General Counsel, and Laurel R. Bergold, Counsel.

Russell M. Blau argued the cause for intervenors Association for Local Telecommunications Services, et al. With him on the brief were Andrew D. Lipman, Robert V. Zener, Frank W. Krogh, Mark Ehrlich, Peter D. Keisler, Peter H. Jacoby, Richard J. Metzger, and Craig Joyce. Mark C. Rosenblum entered an appearance.

Robert B. McKenna was on the statement in lieu of brief for intervenor US West Communications.

Before: SILBERMAN, SENTELLE and RANDOLPH, Circuit Judges.


SENTELLE, Circuit Judge:

Southwestern Bell Telephone Company and other local telephone companies (collectively "Southwestern Bell") petition for review of orders issued by the Federal Communications Commission ("FCC" or "Commission") regulating the rates of local exchange carriers ("LECs") for physical collocation service. The FCC suspended a portion of the rates attributable to overhead loadings for a five-month period...

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