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COMPETITIVE TELECOMMUNICATIONS ASS'N v. F.C.C.

No. 00-1272.

309 F.3d 8 (2002)

COMPETITIVE TELECOMMUNICATIONS ASSOCIATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. AT&T Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 2002.

Attorney(s) appearing for the Case

Robert J. Aamoth argued the cause and filed the briefs for petitioner.

Mark D. Schneider argued the cause for intervenors WorldCom, Inc., et al., in support of petitioner. With him on the briefs were Michael B. DeSanctis, Katherine A. Fallow, Thomas F. O'Neil III, William Single IV, David W. Carpenter, Peter D. Keisler, C. Frederick Beckner III, Mark C. Rosenblum, Charles C. Hunter, and Catherine M. Hannan.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were John Rogovin, Deputy General Counsel, and Laurence N. Bourne, Counsel. Nancy C. Garrison, Attorney, U.S. Department of Justice, entered an appearance.

Michael K. Kellogg argued the cause for intervenors SBC Communications Inc., et al., in support of respondents. With him on the briefs were Aaron M. Panner, Michael E. Glover, Edward Shakin, Gary L. Phillips, James D. Ellis, and Robert McKenna, Jr.

Before: EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

The Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (codified at 47 U.S.C. § 151 (2000)), requires "incumbent" Local Exchange Carriers ("ILECs") — the Bell Operating Companies and their successors, inheritors of AT&T's local exchange facilities and services — to lease unbundled network elements ("UNEs") to their...

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