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VERIZON TELEPHONE COMPANIES v. F.C.C.

No. 03-1396.

374 F.3d 1229 (2004)

VERIZON TELEPHONE COMPANIES, Petitioners, 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 July 16, 2004.

Attorney(s) appearing for the Case

Jonathan E. Nuechterlein argued the cause for petitioners. With him on the briefs were Samir C. Jain, Kathryn A. Reilly, Michael E. Glover, and Edward Shakin.

Austin C. Schlick, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Laurel R. Bergold, Counsel. John E. Ingle, Deputy Associate General Counsel, entered an appearance.

David L. Lawson argued the cause for intervenors AT&T Corporation, et al. With him on the brief were Virginia A. Seitz, Michael J. Hunseder, David W. Carpenter, Mark D. Schneider, Ian H. Gershengorn, William Single IV, Allison M. Ellis, Christopher J. Wright, and Timothy J. Simeone.

Before: GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Verizon petitions for review of an order of the Federal Communications Commission denying the Company's request that the Commission forbear from requiring it to unbundle and to lease certain elements of its network pursuant to § 271 of the Communications Act of 1934. The Commission had previously determined that incumbent local exchange carriers (ILECs), including Verizon, need...

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