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BELLSOUTH TELECOMMUNICATIONS, INC. v. F.C.C., U.S.

No. 05-1032.

469 F.3d 1052 (2006)

BELLSOUTH TELECOMMUNICATIONS, INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 2006.

Attorney(s) appearing for the Case

Jonathan E. Nuechterlein argued the cause for petitioner. With him on the briefs were Bradford M. Berry and David S. Mendel.

Robert B. McKenna, Jr., Edward H. Shakin, Michael E. Glover, and Scott H. Angstreich were on the brief for amici curiae Verizon Telephone Companies, et al. in support of petitioner.

Richard K. Welch, Associate General Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and James J. Fredricks, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, and Eric D. Miller, Acting Deputy General Counsel. Daniel M. Armstrong, Associate General Counsel, entered an appearance.

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

TATEL, Circuit Judge.

The Telecommunications Act of 1996 prohibits Bell Operating Companies, known as "Baby Bells," from discriminating in favor of their affiliates in the provision of services. Responding to a complaint filed by AT & T, the Federal Communications Commission found that one of the Baby Bells, BellSouth Telecommunications, violated the act by creating a volume discount plan that, though facially neutral, favored small and growing companies such...

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