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AT & T INC. v. F.C.C.

No. 05-1186.

452 F.3d 830 (2006)

AT & T INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Time Warner Inc. and Time Warner Cable, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2006.

Attorney(s) appearing for the Case

Jonathan E. Nuechterlein argued the cause for petitioner. With him on the briefs were William T. Lake, Lynn R. Charytan, Brian W. Murray, Stephen M. Obenski, James D. Ellis, and Gary L. Phillips.

Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondent. On the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and James J. Fredricks, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.

Before: RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge RANDOLPH.

TATEL, Circuit Judge.

Invoking section 10 of the Communications Act of 1934, SBC Communications Inc. filed a petition with the Federal Communications Commission requesting that the Commission "forbear from applying Title II common carrier regulation to IP platform services." Fifteen months later, the Commission denied the request for two independent...

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