AMERICAN TELEPHONE AND TELEGRAPH CO. v. F.C.C.

No. 05-1096.

454 F.3d 329 (2006)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Qwest Services Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2006.


Attorney(s) appearing for the Case

David W. Carpenter argued the cause for petitioner. With him on the briefs were David L. Lawson, James P. Young, and Judy Sello.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel. Jacob M. Lewis, Attorney, entered an appearance.

Michael K. Kellogg argued the cause for intervenors. With him on the brief were Sean A. Lev, Michael E. Glover, Edward H. Shakin, Bennett L. Ross, Robert B. McKenna, Bradford M. Berry, Samir C. Jain, and Lisa R. Youngers. Scott K. Attaway and Jeffrey G. DiSciullo entered appearances.

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


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

At issue in this petition for review is the proper regulatory classification of "enhanced" prepaid calling cards, a product AT & T introduced in 1994 and no longer sells. Prepaid calling cards allow purchasers to make long-distance telephone calls without subscribing to a long-distance service or using a credit card. Instead, the purchaser buys a fixed number of minutes at...

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