GTE MIDWEST, INC. v. F.C.C.

Nos. 98-3167, 98-3203.

233 F.3d 341 (2000)

GTE MIDWEST, INC. (98-3167); BellSouth Corporation (98-3203), Petitioners, U.S. West, Inc.; Bell Atlantic; MCI Telecommunications Corporation; Airtouch Communications, Inc. (98-3167/3203); United States Telephone Association; Alltel Communications, Inc.; SBC Communications, Inc., et al. (98-3167), Intervenors, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 15, 2000.


Attorney(s) appearing for the Case

L. Andrew Tollin (argued and briefed), Craig E. Gilmore (briefed), Robert G. Kirk (briefed), Michael D. Sullivan (briefed), Wilkinson, Barker, Knauer & Quinn, Washington, DC, John P. Frantz (briefed), Steven G. Bradbury (briefed), Kirkland & Ellis, Washington, DC, William P. Barr (briefed), Ward W. Wueste, Jr. (briefed), Washington, DC, M. Edward Whelan III (briefed), GTE Service Corporation, Washington, DC, William B. Barfield (briefed), Jim O. Llewellyn (briefed), BellSouth Corporation, Atlanta, GA, M. Robert Sutherland (briefed), BellSouth Telecommunications, Inc., Atlanta, GA, for Petitioners.

Joel Marcus (argued), Carl D. Lawson (briefed), Christopher J. Wright, Federal Communications Commission, Office of General Counsel, Washington, DC, Robert J. Wiggers (briefed), Cathrine G. O'Sullivan (briefed), U.S. Department of Justice, Antitrust Division, Washington, DC, for Respondents.

Mary McDermott, U.S. Telephone Association, Robert B. McKenna, James G. Pachulski, Michael E. Glover, Matthew B. Pachman, Frank W. Krogh, MCI Telecommunications Corp., Glenn S. Rabin, David A. Gross, Washington, DC, Laurie J. Bennett, U.S. West, Inc., Denver, CO, Michael J. Zpevak, Southwestern Bell Telephone Company, Dallas TX, Patricia D. Dennis, Steven D. Strickland, SBC Communications, Inc., San Antonio, TX, for Intervenors.

Before: MARTIN, Chief Judge; DAUGHTREY, Circuit Judge; HILLMAN, District Judge.


Pursuant to Sixth Circuit Rule 206

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

These cases come before us on petitions for review of a final order of the Federal Communications Commission issued in response to our decision in Cincinnati Bell Tel. Co. v. Federal Communications Commission, 69 F.3d 752 (6th Cir.1995). For the reasons stated below, we AFFIRM.

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