QWEST COMMUNICATIONS INTERNATIONAL INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents,
Verizon Telephone Companies; AT & T Corp.; Maine Public Utilities Commission; SBC Communications, Inc. (SBC); Bellsouth Corporation; Vermont Public Service Board; Montana Consumer Counsel; Montana Public Service Commission; Wyoming Public Service Commission, Intervenors, and
National Association of State Utility Consumer Advocates, Amicus Curiae.
SBC Communications, Inc., Petitioner,
v.
Federal Communications Commission; United States of America, Respondents.
National Association of State Utility Consumer Advocates, Amicus Curiae.
Vermont Public Service Board,
v.
Federal Communications Commission; United States of America, Respondents.
National Association of State Utility Consumer Advocates, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 23, 2005.
February 23, 2005.
Attorney(s) appearing for the Case
Jonathan J. Frankel (John H. Harwood II, Heather M. Zachery, and Stephen M. Obenski, with him on the briefs), Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Petitioner Qwest Communications International Inc., and Petitioner and Intervenor SBC Communications Inc.
Elisabeth H. Ross (Peter Bluhm, Vermont Public Service Board, Montpelier, Vermont, with her on the briefs), Birch, Horton, Bittner and Cherot, Washington, D.C., for Petitioner and Intervenor Vermont Public Service Board.
James M. Carr (John A. Rogovin, General Counsel, Austin C. Schlick, Deputy General Counsel, John E. Ingle, Counsel, Laurel R. Bergold, Counsel, and William Scher, Counsel, on the brief) Federal Communications Commission, Washington, D.C., for Respondent Federal Communications Commission.
Mary Wright, Attorney, Montana Consumer Counsel, Helena, Montana, for Intervenor Montana Consumer Counsel and Martin Jacobsen, Special Assistant Attorney General, Montana Public Service Commission, Helena, Montana, filed a brief for Intervenors Montana Consumer Counsel and Montana Public Service Commission.
Patrick J. Crank, Attorney General, Michael L. Hubbard, Deputy Attorney General, and Barbara L. Boyer, Senior Assistant Attorney General, State of Wyoming, Cheyenne, Wyoming filed a brief for Intervenor Wyoming Public Service Commission.
Michael E. Glover, Edward S. Shakin, and Ann H. Rakestraw, Verizon, Arlington, Virginia; Lisa S. Foshee, BellSouth Corporation, Atlanta, Georgia; Richard G. Taranto, Farr & Tarranto, Washington, D.C., filed a brief for Intervenors Verizon Telephone Companies and BellSouth Corporation.
Leonard J. Cali, Lawerence J. Lafaro and Judy Sello, AT & T Corp., Bedminster, New Jersey; David L. Lawson, Virginia A. Seitz and James P. Young, Sidley Austin Brown & Wood LLP, Washington, D.C., filed an Intervenors brief for AT & T Corp.
Simon Lipstein, Assistant Attorney General, Denver, Colorado and Patrick N. Pearlman, Deputy Consumer Advocate, West Virginia Consumer Advocate, Charleston, West Virginia, filed an Amicus Curiae brief of the National Association of State Utility Consumer Advocates.
Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
PAUL KELLY, JR., Circuit Judge.
These consolidated petitions collectively challenge the Order on Remand of the Federal Communications Commission ("FCC" or "Commission"). In Qwest Corp. v. FCC,258 F.3d 1191 (2001) ("Qwest I"), we reversed and remanded the FCC's mechanism for providing federal support to non-rural telecommunications carriers under the 1996 Telecommunications...
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