QWEST CORP. v. F.C.C.

No. 00-1376

252 F.3d 462 (2001)

Qwest Corporation, et al., Petitioners v. Federal Communications Commission and United States of America, Respondents Metrocall, Inc., et al., Intervenors Consolidated with 00-1377

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2001


Attorney(s) appearing for the Case

Michael K. Kellogg argued the cause for petitioners. With him on the briefs were Aaron M. Panner, Michael E. Glover, Edward Shakin, Joseph Dibella, Dan L. Poole, Robert B. McKenna, Jeffry A. Brueggeman, James D. Ellis, Roger K. Toppins and Hope E. Thurrott. Alfred G. Richter entered an appearance.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Jane E. Mago, Acting General Counsel at the time the brief was filed, John E. Ingle, Deputy Associate General Counsel, Laurel R. Bergold, Counsel, John M. Nannes, Deputy Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys. Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, entered an appearance.

Frederick M. Joyce, Christine McLaughlin, Ronald E. Quirk, Jr., Marianne Roach Casserly, Jonathan J. Nadler and Robert L. Hoggarth were on the brief for intervenors Metrocall, Inc., Arch Wireless, Inc. and Personal Communications Industry Association. Angela E. Giancarlo entered an appearance.

Before: WILLIAMS, GINSBURG and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

When a local caller dials the number of a paging service customer, the caller's Local Exchange Carrier ("LEC") sends the call to a paging terminal, operated by the paging service. Once the terminal validates the call and receives the "call-back" number or message, it sends out a radio broadcast that sets off the customer's pager. Thus the call starts out on the LEC's...

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