AT&T CORPORATION, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee.
Bell Atlantic, US West Communications, Inc., Public Service Commission of the State of New York, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 24, 2000.
Decided August 1, 2000.
Attorney(s) appearing for the Case
David W. Carpenter argued the cause for appellants. With him on the briefs were Mark E. Haddad, Peter D. Keisler, Daniel Meron, Washington, DC, Mark C. Rosenblum, Roy E. Hoffinger, Basking Ridge, NJ, and Jonathan Jacob Nadler, Washington, DC.
Randall B. Lowe, Renee R. Crittendon, Russell M. Blau, Mark J. Tauber, Michael D. Hays, J. G. Harrington, and John D. Seiver, Washington, DC, were on the briefs for intervenors Prism Communication Services, RCN Telecom Services, Competitive Telecommunications Commission, Close Call America, Inc., and Global NAPs, Inc.
Jonathan E. Nuechterlein, Washington, DC, Deputy General Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Christopher J. Wright, General Counsel, Spokane, WA, John E. Ingle, Deputy Associate General Counsel, and James M. Carr, Washington, DC, Counsel. Joel Marcus, Counsel, Washington, DC, entered an appearance.
Michael E. Glover, New York City, argued the cause for intervenors Bell Atlantic and U S West Communications, Inc. With him on the brief were Randal S. Milch, Edward Shakin, New York City, Mark L. Evans, Henk Brands, William T. Lake, Lynn R. Charytan, Washington, DC, Dan L. Poole, Englewood, CO, and Robert B. McKenna, Jr., Denver, CO. John H. Harwood, II, Washington, DC, entered an appearance.
Lawrence G. Malone, Pasedena, TX, and Jonathan D. Feinberg, Albany, NY, were on the brief for intervenor Public Service Commission of the State of New York.
Before: RANDOLPH, TATEL and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge.
Appellants challenge the Federal Communications Commission's approval of an application by Bell Atlantic to provide long distance service in New York, arguing that the company failed to implement two elements of a fourteen-point competitive checklist prescribed by the Telecommunications Act of 1996. The FCC's approval of Bell Atlantic's application was the first time since the 1982 break...
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