UNITED STATES TELEPHONE ASSOCIATION, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
AT&T Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 20, 1999.
Decided May 21, 1999.
Attorney(s) appearing for the Case
Michael K. Kellogg argued the cause for Local Exchange Carrier petitioners. With him on the briefs were Mark L. Evans, William P. Barr, M. Edward Whelan, R. Michael Senkowski, Robert J. Butler, Daniel E. Troy, James R. Young, Michael E. Glover, Edward Shakin, James D. Ellis, Robert M. Lynch, Liam S. Coonan, Durward D. Dupre, Michael J. Zpevak, Thomas A. Pajda, Charles R. Morgan, William B. Barfield, M. Robert Sutherland, Robert B. McKenna, William T. Lake, John H. Harwood, II, Lawrence Sarjeant and Linda Kent. Henk J. Brands, Betsy L. Anderson and David W. Ogburn, Jr., entered appearances.
Carl S. Nadler argued the cause for petitioners MCI Telecommunications Corporation and Ad Hoc Telecommunications Users Committee. With him on the briefs were Donald B. Verrilli, Jr., Anthony C. Epstein, Maria L. Woodbridge, James S. Blaszak and Kevin S. DiLallo.
Laurence N. Bourne, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Brian M. Hoffstadt, Special Counsel. Robert B. Nicholson, Attorney, U.S. Department of Justice, entered an appearance.
Michael K. Kellogg argued the cause for Local Exchange Carrier intervenors. With him on the brief were Mark L. Evans, Michael S. Pabian, Donald M. Falk, James R. Young, Michael E. Glover, Edward Shakin, Charles R. Morgan, William B. Barfield, M. Robert Sutherland, James D. Ellis, Robert M. Lynch, Liam S. Coonan, Durward D. Dupre, Michael J. Zpevak, Thomas J. Pajda, Robert B. McKenna, William T. Lake and John H. Harwood, II. Henk J. Brands, Betsy L. Anderson and David W. Ogburn, Jr., entered appearances.
Gene C. Schaerr argued the cause for intervenor AT&T Corporation. With him on the brief were Jules M. Perlberg, Mark C. Rosenblum, and Peter H. Jacoby. Richard P. Bress entered an appearance.
Douglas E. Hart was on the briefs for intervenor Independent Telephone and Telecommunications Alliance on Behalf of Small and Mid-Size Carriers.
Before: EDWARDS, Chief Judge, WILLIAMS and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
Long-distance telephone traffic is ordinarily transmitted by a local exchange carrier ("LEC") from its origin to a long-distance carrier (or interexchange carrier or "IXC"). The IXC carries the traffic to its region of destination and hands it off to the LEC there. The IXC charges the customer for the call and pays...
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