GTE SERVICE CORP. v. F.C.C.

Nos. 99-1176, 99-1201.

205 F.3d 416 (2000)

GTE SERVICE CORPORATION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. NorthPoint Communications, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 2000.


Attorney(s) appearing for the Case

Mark L. Evans argued the cause for petitioners. With him on the briefs were William P. Barr, M. Edward Whelan III., John F. Raposa, Dan L. Poole, Robert B. McKenna, Michael K. Kellogg, Rachel E. Barkow, Lawrence E. Sarjeant, Linda Kent, John W. Hunter, and Julie E. Rones.

Laurence N. Bourne, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Joel I. Klein, Assistant Attorney General, United States Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel.

Mark C. Rosenblum, Peter D. Keisler, James P. Young, William Single, IV., Mark D. Schneider, Ruth M. Milkman, Robert J. Aamoth, Jonathan Jacob Nadler, Leon M. Kestenbaum, Jay C. Keithley, H. Richard Juhnke, Glenn B. Manishin, Christy C. Kunin, Renee R. Crittendon, Randall B. Lowe, Eric J. Branfman, Andrew D. Lipman, and Rodney L. Joyce. Harold R. Juhnke were on the brief for intervenors AT & T Corporation, et al. Michael B. Fingerhut, David W. Carpenter, Jodie L. Kelley, Mark B. Ehrlich, and Emily M. Williams entered appearances.

Before: EDWARDS, Chief Judge, GINSBURG and SENTELLE, Circuit Judges.


Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Section 251(c)(6) of the Telecommunications Act of 1996 (the "Act"), 47 U.S.C. § 251(c)(6), imposes a statutory duty on incumbent local exchange carriers ("LECs") to provide physical or virtual collocation for competing providers ("competitors"). The Act also requires the Federal Communications Commission ("FCC" or "Commission") to issue implementing regulations...

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