VERIZON TELEPHONE COMPANIES v. F.C.C.

Nos. 01-1371 and 01-1379.

292 F.3d 903 (2002)

VERIZON TELEPHONE COMPANIES, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. WorldCom Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2002.


Attorney(s) appearing for the Case

Mark L. Evans argued the cause for petitioners. With him on the briefs were Michael K. Kellogg, Scott K. Attaway, David C. Frederick, Michael E. Glover, Edward Shakin, Joseph DiBella, Richard M. Sbaratta, James D. Ellis, Jeffrey B. Thomas and Gary L. Phillips. Roger K. Toppins entered an appearance.

John Rogovin, Deputy General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were John E. Ingle, Deputy Associate General Counsel, Laurence N. Bourne and Rodger D. Citron, Counsel, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice.

David W. Carpenter argued the cause for intervenors American Telephone and Telegraph Company, et al. With him on the brief were Peter D. Keisler, James P. Young, Mark C. Rosenblum, Mark D. Schneider, John E. Benedict, H. Richard Juhnke, Charles C. Hunter, Catherine M. Hannan, Jonathan Jacob Nadler, Jason Oxman, Thomas F. O'Neil III, William Single IV, Teresa K. Gaugler, Rodney L. Joyce, Mary C. Albert and Morton J. Posner. David L. Lawson and Paul J. Zidlicky entered appearances.

Before: GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Section 251(c)(6) of the Telecommunications Act of 1996 requires incumbent local exchange carriers to provide competitive local exchange carriers with space for the "physical collocation of equipment necessary for interconnection or access to unbundled network elements at [their] premises." Responding to our opinion in GTE Service Corporation v. FCC, which vacated the Federal...

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