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ASSN. OF COMM. ENTER. v. F.C.C.

No. 00-1144.

253 F.3d 29 (2001)

ASSOCIATION OF COMMUNICATIONS ENTERPRISES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. SBC Communications Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2001.

Attorney(s) appearing for the Case

Charles C. Hunter argued the cause for petitioner. With him on the briefs was Catherine M. Hannan.

Rodger D. Citron, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel. Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice, entered appearances.

Robert McDonald, Mark L. Evans, Donna N. Lampert, Mark J. O'Connor, M. Robert Sutherland, Roger K. Toppins, James D. Ellis, Alfred G. Richter, Dan L. Poole, Robert B. McKenna, William P. Barr, M. Edward Whelan, III, Michael E. Glover, Edward Shakin and Lawrence W. Katz appeared on the brief of intervenors America Online, Inc., et al.

Before: STEPHEN F. WILLIAMS, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In order to foster competition in telecommunication markets, the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et seq., requires that an incumbent local exchange carrier (incumbent or ILEC) "offer for resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers." 47 U.S.C...

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