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STATE OF IOWA v. F.C.C.

No. 99-1149.

218 F.3d 756 (2000)

STATE OF IOWA and Iowa Telecommunications and Technology Commission, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Bell Atlantic Telephone Companies, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2000.

Attorney(s) appearing for the Case

Michael D. Hays argued the cause for petitioners. With him on the briefs were Kenneth D. Salomon and J.G. Harrington.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel. Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice, entered appearances.

Donald M. Falk, Michael E. Glover, Edward H. Shakin, Dan L. Poole, Robert B. McKenna, William F. Maher, Jr., Stephen L. Goodman, Richard White Jr., Michael S. Pabian, David Cosson, Lawrence E. Sarjeant, Linda Kent, Keith Townsend, John Hunter and Julie Rones were on the brief for intervenors. L. Marie Guillory and Lawrence W. Katz entered appearances.

Before: GINSBURG, SENTELLE, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The State of Iowa and the Iowa Telecommunications and Technology Commission (collectively, Iowa) petition for review of a declaratory ruling by the Federal Communications Commission. The Commission held that the Iowa Communications Network (ICN) is not a common carrier and therefore not a "telecommunications carrier" within the meaning of § 254(h) of the Telecommunications...

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