MEDIAONE GROUP, INCORPORATED; MediaOne of Virginia, Incorporated; AT & T Corporation, Plaintiffs-Appellees,
v.
COUNTY OF HENRICO, VIRGINIA, Defendant,
Bell Atlantic Corporation; Bell Atlantic Virginia, Incorporated; Bell Atlantic Internet Solutions, Incorporated, Intervenors/Defendants, and
GTE Intelligent Network Services, Incorporated, d/b/a GTE.net, Intervenor-Appellant.
Virginia Citizens Consumer Council; Consumer Federation of America; Center for Media Education; District of Columbia; City of Tacoma, Washington; Montgomery County, Maryland; U.S. Conference of Mayors; National League of Cities; National Association of Counties; National Association of Telecommunications Officers and Advisors; Virginia Association of Telecommunications Officers and Advisors; Texas Association of Telecommunications Officers and Advisors; Minnesota Association of Community Telecommunications Administrators; Opennet Coalition; Hands Off The Internet; Federal Communications Commission; National Cable Television Association; Virginia Telecommunications Association; West Virginia Telecommunications Association; Cable Telecommunications Association of Maryland, Delaware and the District of Columbia, Incorporated; North Carolina Cable Telecommunications Association; South Carolina Television Association, Amici Curiae.
MediaOne Group, Incorporated; AT & T Corporation; MediaOne of Virginia, Incorporated; Plaintiffs-Appellees,
v.
County of Henrico, Virginia, Defendant,
GTE Intelligent Network Services, Incorporated, d/b/a GTE.net, Intervenor/Defendant, and
Bell Atlantic Corporation; Bell Atlantic-Virginia, Incorporated; Bell Atlantic Internet Solutions, Incorporated, Intervenors-Appellants.
Virginia Citizens Consumer Council; Consumer Federation of America; Center for Media Education; City of Tacoma, Washington; Montgomery County, Maryland; District of Columbia; U.S. Conference of Mayors; National League of Cities; National Association of Counties; National Association of Telecommunications Officers and Advisors; Virginia Association of Telecommunications Officers and Advisors; Texas Association of Telecommunications Officers and Advisors; Minnesota Association of Community Telecommunications Administrators; Opennet Coalition; Hands Off The Internet; Federal Communications Commission; National Cable Television Association; Virginia Telecommunications Association; West Virginia Telecommunications Association; Cable Telecommunications Association of Maryland, Delaware and the District of Columbia, Incorporated; North Carolina Cable Telecommunications Association; South Carolina Television Association, Amici Curiae.
MediaOne Group, Incorporated; MediaOne of Virginia, Incorporated; AT & T Corporation, Plaintiffs-Appellees,
v.
County of Henrico, Virginia, Defendant-Appellant, and
GTE Intelligent Network Services, Incorporated, d/b/a GTE.net; Bell Atlantic Corporation; Bell Atlantic, Virginia, Incorporated; Bell Atlantic Internet Solutions, Incorporated, Intervenors/Defendants.
Virginia Citizens Consumer Council; Consumer Federation of America; Center for Media Education; City of Tacoma, Washington; Montgomery County, Maryland; District of Columbia; U.S. Conference of Mayors; National League of Cities; National Association of Counties; National Association of Telecommunications Officers and Advisors; Virginia Association of Telecommunications Officers and Advisors; Texas Association of Telecommunications Officers and Advisors; Minnesota Association of Community Telecommunications Administrators; Opennet Coalition; Hands Off The Internet; Federal Communications Commission; National Cable Television Association; Virginia Telecommunications Association; West Virginia Telecommunications Association; Cable Telecommunications Association of Maryland, Delaware and the District of Columbia, Incorporated; North Carolina Cable Telecommunications Association; South Carolina Television Association, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 27, 2000.
Decided: July 11, 2001.
Attorney(s) appearing for the Case
ARGUED: Edward Joseph Fuhr, Hunton & Williams, Richmond, Virginia; Andrew Gerald McBride, Cooper, Carvin & Rosenthal, P.L.L.C., Washington, DC, for Appellants. David William Carpenter, Sidley & Austin, Chicago, Illinois, for Appellees. ON BRIEF: Stacy C. Taylor, Eric H. Feiler, Hunton & Williams, Richmond, Virginia; Joseph P. Rapisarda, Jr., Joseph T. Tokarz, II, Karen M. Adams, County Attorney's Office, Richmond, VA, for Appellant Henrico. Michael A. Carvin, Noel J. Francisco, Cooper, Carvin & Rosenthal, P.L.L.C., Washington, DC, for Appellant GTE; Brett M. Kavanaugh, Kirkland & Ellis, Washington, DC, for Appellant Bell Atlantic. Peter D. Keisler, David L. Lawson, Sidley & Austin, Chicago, IL; James C. Roberts, Carter Glass, IV, Dabney Carr, IV, Mays & Valentine, L.L.P., Richmond, VA; Mark C. Rosenblum, Laura A. Kaster, AT & T Corporation, Basking Ridge, NJ; Sean Lindsay, David White, Mediaone Group, Inc., Englewood, CO, for Appellees. Andrew Jay Schwartzman, Cheryl A. Leanza, Harold J. Feld, Media Access Project, Washington, DC, for Amici Curiae Consumer Council, et al. Nicholas P. Miller, William Malone, Joseph Van Eaton, John F. Noble, James R. Hobson, Miller & Van Eaton, P.L.L.C., Washington, DC, for Amici Curiae NATOA, et al. William P. Cook, Pamela J. Marple, Manatt, Phelps & Phillips, L.L.P., Washington, DC, for Amicus Curiae OpenNet. Christopher Wolf, Bruce E. Boyden, Proskauer Rose, L.L.P., Washington, DC; Tanya L. Forsheit, Proskauer Rose, L.L.P., Los Angeles, CA, for Amicus Curiae Hands Off. William B. Schultz, Acting Assistant Attorney General, Jacob M. Lewis, Mark Davies, United States Department of Justice, Washington, D.C.; Christopher J. Wright, General Counsel, Jonathan E. Nuechterlein, Deputy General Counsel, James M. Carr, Federal Communications Commission, Washington, DC, for Amicus Curiae Commission. Howard J. Symons, Tara M. Corvo, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Washington, DC, for Amici Curiae National Cable Television, et al.
Before WIDENER, WILKINS, and MICHAEL, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINS joined. Judge WIDENER wrote a concurring opinion.
OPINION
MICHAEL, Circuit Judge:
AT & T Corporation is still the largest long distance telephone company in the country, and this case is about its recent entry into the broadband telecommunications market that provides high-speed access to the Internet. AT & T has acquired MediaOne Group, Inc. (MediaOne...
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