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AIRTOUCH PAGING v. F.C.C.

Docket No. 00-4035.

234 F.3d 815 (2000)

AIRTOUCH PAGING, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, US West, Inc., Bell Atlantic Telephone Companies, Bell Atlantic-Delaware, Inc., Bell Atlantic-Maryland, Bell Atlantic-New Jersey, Inc., Bell Atlantic-Pennsylvania, Bell Atlantic-Virginia, Inc., Bell Atlantic-Washington, D.C., Inc., Bell Atlantic-West Virginia, Inc., New York Telephone Company & New England Telephone & Telegraph Company & SBC Communications, Inc., Intervenors.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 11, 2000.

Attorney(s) appearing for the Case

Laurel R. Bergold, United States Department of Justice, Washington, DC (Joel I. Klein, Assistant Attorney General, Christopher J. Wright, General Counsel, Catherine G. O'Sullivan, Robert Wiggers, and John E, Ingle, of counsel), for Appellee.

Carl W. Northrop, Paul, Hastings, Janofsky & Warner, LLP, Washington, DC (Daniel R. Ball, of counsel), for Petitioner.

Before: OAKES, WINTER and SACK, Circuit Judges.

SACK, Circuit Judge:

Petitioner AirTouch Paging asks us to review the contents of a footnote appearing in a report and order by the Federal Communications Commission (the "Commission") implementing the Telecommunications Act of 1996 (the "Act" or the "1996 Act"),1 and the Commission's refusal in a subsequent order to reconsider that footnote.

BACKGROUND

The dispute centers on the 1996 Act's definition of the term "telephone...

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