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

No. 03-1431.

394 F.3d 933 (2005)

AT&T CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2005.

Attorney(s) appearing for the Case

David W. Carpenter argued the cause for petitioner. With him on the briefs were Peter H. Jacoby, James F. Bendernagel, Jr., C. John Buresh, and Michael J. Hunseder.

Laurence N. Bourne, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were Robert B. Nicholson and Steven J. Mintz, Attorneys, U.S. Department of Justice, John A. Rogovin, General Counsel, Richard K. Welch, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Rodger D. Citron, Counsel. Laurel R. Bergold, Counsel, entered an appearance.

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

Opinion for the Court by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge.

AT&T Corporation petitions for review of a Federal Communications Commission order interpreting AT&T's tariff on resales of 800 telephone service. A provision of that tariff allows resellers to transfer their business, so long as the recipient assumes all of the transferor's obligations. Based on this provision, AT&T denied one reseller's request to move the "traffic" under...

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