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WORLDCOM v. FEDERAL COMMUNICATIONS COMM.

No. 99-1395

238 F.3d 449 (2001)

WorldCom, Inc., et al., Petitioners v. Federal Communications Commission and United States of America, Respondents United States Telephone Association, et al., Intervenors Consolidated with 99-1404, 99-1472

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 2001

Attorney(s) appearing for the Case

Carl S. Nadler argued the cause for petitioners and supporting intervenors. With him on the briefs were Ian Heath Gershengorn, Thomas F. O'Neil, III, William Single, IV, Jeffrey A. Rackow, Mark C. Rosenblum, Peter H. Jacoby, Judy Sello, Gene C. Schaerr, James P. Young, Brian Conboy, Thomas Jones, Albert H. Kramer, Robert J. Aamoth, Charles C. Hunter and Catherine M. Hannan. Maria L. Woodbridge entered an appearance.

Lisa S. Gelb, Counsel, Federal Communications Commission, argued the cause for respondent. With her on the brief were Christopher J. Wright, General Counsel, and John E. Ingle, Deputy Associate General Counsel. Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, and Laurence N. Bourne, Counsel, entered appearances.

Before: Edwards, Chief Judge, and Sentelle and Randolph, Circuit Judges.

Opinion for the Court filed by Circuit Judge Sentelle.

SENTELLE, Circuit Judge:

Petitioners, WorldCom, AT&T, Time Warner Telecom, and other long distance telephone service providers, seek review of the FCC's Fifth Report and Order and Further Notice of Proposed Rulemaking in In re Access Charge Reform, 14 F.C.C.R. 14221, 1999 WL 669188 (1999) (hereinafter "Order" or "Pricing Flexibility Order"). That order grants local exchange carriers...

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