SPRINT COMMUNICATIONS CO. L.P. v. F.C.C.

Nos. 01-1076, 01-1081 through 01-1084.

274 F.3d 549 (2001)

SPRINT COMMUNICATIONS COMPANY L.P., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. SBC Communications Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2001.


Attorney(s) appearing for the Case

David W. Carpenter argued the cause for appellants. With him on the briefs were Mark C. Rosenblum, Mark E. Haddad, David L. Lawson, Jay T. Jorgensen, Theodore C. Whitehouse, Randy J. Branitsky, Thomas F. O'Neil III, William Single IV, Mark D. Schneider, Robert J. Aamoth, Brad E. Mutschelknaus and Jonathan E. Canis. Peter D. Keisler entered an appearance.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Daniel M. Armstrong, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel.

Geoffrey M. Klineberg argued the cause for intervenors SBC Communications Inc., Southwestern Bell Telephone Company and Southwestern Bell Communications Services, Inc. With him on the brief were Michael K. Kellogg, Scott K. Attaway, Alfred G. Richter, Jr., James D. Ellis, Martin E. Grambow and Mary W. Marks.

Eva Powers, Elisabeth H. Ross and Douglas S. Burdin were on the brief for intervenor Kansas Corporation Commission.

William R. Burkett was on the brief for amicus curiae Oklahoma Corporation Commission in support of appellee.

Before: TATEL, Circuit Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.


Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

The regional Bell operating companies ("BOCs"), split off from AT&T in the 1982 antitrust settlement, provide most local telephone service. Section 271 of the Telecommunications Act of 1996 (the "Act"), 47 U.S.C. § 271, offers the BOCs a deal: such a company can enter the long distance business in a state within its service area if it...

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