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WORLDCOM, INC. v. F.C.C.

Nos. 01-1198, 01-1206 and 01-1209.

308 F.3d 1 (2002)

WORLDCOM, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Verizon New England Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Mark D. Schneider argued the cause for appellants and intervenor AT&T Corp. With him on the briefs were Thomas F. O'Neil III, William Single IV, Karlen J. Reed, Assistant Attorney General, Attorney General's Office of Commonwealth of Massachusetts, Charles C. Hunter, Catherine M. Hannan, David W. Carpenter, Mark E. Haddad, and David L. Lawson. Mark C. Rosenblum and Peter D. Keisler entered appearances.

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

Michael E. Glover argued the cause for intervenors Verizon New England Inc., et al. With him on the brief were Mark L. Evans, Donna M. Epps, Colin S. Stretch, and Scott H. Angstreich.

William P. Agee and Albert P. Halprin were on the brief for amicus curiae Massachusetts Department of Telecommunications and Technology, urging affirmance.

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

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

On January 16, 2001 Verizon submitted an application to the Federal Communications Commission under § 271 of the Telecommunications Act of 1996, 47 U.S.C. § 271, seeking authority to offer long-distance service to customers in Massachusetts. The Commission approved the application on April 16, 2001, just within the statutory 90-day time limit...

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