MCI WORLDCOM, INC. v. FEDERAL COMMUNICATIONS COMMISSION

Nos. 96-1459, 96-1477, 97-1009, 97-1676, 98-1003, 98-1007, 99-1240 and 99-1242.

209 F.3d 760 (2000)

MCI WORLDCOM, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Competitive Telecommunications Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 2000.


Attorney(s) appearing for the Case

Donald B. Verrilli, Jr. argued the cause for petitioners and supporting intervenors. With him on the briefs were Thomas F. O'Neil III, Matthew B. Pachman, Jodie L. Kelley, Mark C. Rosenblum, Roy E. Hoffinger, David W. Carpenter, Peter D. Keisler, Paul J. Zidlicky, Robert M. McDowell, Leon M. Kestenbaum, Michael B. Fingerhut, James M. Smith, Michael J. Shortley, III, Gail L. Polivy, Charles C. Hunter, and Catherine M. Hannan. Jay C. Keithley, David J. Gudino, Dana Frix, Genevieve Morelli, and Richard S. Whitt entered appearances.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him 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, Susan L. Launer, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel. Richard K. Welch, Counsel, entered an appearance.

Henry D. Levine, Ellen G. Block, and James S. Blaszak appeared on the brief for intervenors in support of respondents.

Before: SILBERMAN, RANDOLPH, and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners, the large longdistance telecommunications carriers, seek review of an FCC order prohibiting them from filing tariffs with the Commission. We reject their petition.

I.

Commission efforts to move to a nontariff environment for interexchange carriers—insofar as those carriers do not exercise market power—have not had an easy time with...

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