NEW YORK & PUBLIC SERV. COM'N OF N.Y. v. F.C.C.

Docket No. 99-4205.

267 F.3d 91 (2001)

PEOPLE OF THE STATE OF NEW YORK & PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, Respondent, MCI WorldCom, Inc., Bell Atlantic, Airtouch Paging, U.S. West, Inc., New York State Consumer Protection Board, AT & T Corporation, The City of New York, Missouri Public Service Commission & Consumer Federation of America, Intervenors.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided September 28, 2001.


Attorney(s) appearing for the Case

Carl F. Patka, Assistant Counsel to the Public Service Commission of the State of New York, Albany, N.Y. (Lawrence G. Malone, General Counsel to the Public Service Commission of the State of New York, of counsel), for Petitioner.

Pamela L. Smith, Federal Communications Commission, Washington, DC, (Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, Washington, DC, Joel I. Klein, Assistant Attorney General, Catherine G. O'Sullivan, Nancy C. Garrison, United States Department of Justice, Washington, DC, of counsel), for Respondent.

James F. Warden, Jr., New York State Consumer Protection Board, Albany, NY, for Intervenor New York State Consumer Protection Board.

James H. Bolin, Jr., AT & T Corporation, Basking Ridge, NJ, (Mark C. Rosenblum, Roy E. Hoffinger, AT & T Corporation, Basking Ridge, NJ, David W. Carpenter, Peter D. Keisler, James P. Young, Sidley & Austin, Washington, DC, of counsel), for Intervenors AT & T Corporation, MCI WorldCom, Inc., and U.S. West, Inc.

Edward F.X. Hart, of counsel to the Corporation Counsel of the City of New York, New York, NY, (Michael D. Hess, Corporation Counsel of the City of New York, Leonard Koerner, Bruce Regal, of counsel), for Intervenor City of New York.

Mark N. Cooper, Ph.D., pro se, Consumer Federation of America, Silver Springs, MD, for Intervenor Consumer Federation of America.

William D. Smith, Bell Atlantic, New York, NY, for Intervenor Bell Atlantic.

Carl W. Northrop, Paul, Hastings, Janofsky & Walker, Washington, DC, for Intervenor Airtouch Paging.

Philip V. Permut, Kelley Drye & Warren, Washington, DC, for Intervenor Paging Network, Inc.

Marc Poston, Missouri Public Service Commission, Jefferson City, MO, for Intervenor Missouri Public Service Commission.

Before: PARKER, SACK, and KATZMANN, Circuit Judges.


PARKER, Circuit Judge:

While we hail improvements in technology, we often mourn the resulting loss of simplicity in our lives. So too with the increase in communications options. Because of the addition of fax machines, modems, cellular telephones and pagers to the traditional landline telephone, we are forced to overcome an ongoing shortage of telephone numbers. This shortage has necessitated the addition of area codes to many populous areas, including New York City...

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