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SBC COMMUNICATIONS INC. v. F.C.C.

No. 03-1147.

407 F.3d 1223 (2005)

SBC COMMUNICATIONS INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Z-Tel Communications, Inc., et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 2005.

Attorney(s) appearing for the Case

Michael K. Kellogg argued the cause for petitioner. With him on the briefs were Colin S. Stretch, James D. Ellis, Gary L. Phillips, and Christopher Heimann.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Steven J. Mintz, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Suzanne M. Tetreault, Counsel. Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, U.S. Department of Justice, and Rodger D. Citron, Counsel, Federal Communications Commission, entered appearances.

Before: SENTELLE and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

SBC challenges a Federal Communications Commission order finding that SBC (through various affiliates) violated the terms of a requirement, imposed as a condition to the FCC's approval of a merger between SBC and Ameritech, that SBC "offer" intervenors Z-Tel and Core access to "shared transport" for intraLATA toll call traffic. Because the FCC failed to...

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