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AT&T CORP. v. F.C.C.

No. 03-1035.

369 F.3d 554 (2004)

AT&T CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Verizon Telephone Companies, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2004.

Attorney(s) appearing for the Case

Virginia A. Seitz argued the cause for petitioner. With her on the briefs were David W. Carpenter, David L. Lawson, Michael J. Hunseder, and Brian T. Fitzpatrick. Mark C. Rosenblum entered an appearance.

Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Robert H. Pate, III, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel. Daniel M. Armstrong, James M. Carr, and Rodger D. Citron, Attorneys, entered appearances.

Scott H. Angstreich argued the cause for intervenors. With him on the brief were Mark L. Evans, Michael K. Kellogg, Sean A. Lev, Michael E. Glover, Edward H. Shakin, Joseph DiBella, James G. Harralson, Robert B. McKenna, Jr., James D. Ellis, and Gary L. Phillips.

Before: EDWARDS, SENTELLE, and TATEL, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

Under § 271 of the Telecommunications Act of 1996 (the "Act"), a Bell Operating Company ("BOC") or its affiliate may apply to the Federal Communications Commission ("FCC" or "Commission") for authorization to provide interLATA (long-distance) telephone service originating in any in-region State. 47 U.S.C. § 271(d)(1). The FCC may grant such authorization if: (1) the BOC demonstrates that it provides...

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