COVAD COMMUNICATIONS COMPANY and Dieca Communications, Inc., d/b/a Covad Communications Company, Petitioners
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
Ciena Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 15, 2006.
Decided June 16, 2006.
Attorney(s) appearing for the Case
Michael K. Kellogg argued the cause for the ILEC Petitioners. With him on the briefs were Mark L. Evans, Sean A. Lev, Colin S. Stretch, Scott H. Angstreich, William P. Barr, Michael E. Glover, Edward Shakin, James D. Ellis, Gary L. Phillips, Christopher Heimann, James P. Lamoureux, Robert B. McKenna, Marc Gary, James G. Harralson, and Bennett L. Ross.
Bruce D. Sokler and Genevieve Morelli argued the cause for the CLEC Petitioners and Intervenors in support. With them on the briefs were Michael H. Pryor, Fernando R. Laguarda, Brad E. Mutschelknaus, Steven A. Augustino, Jason Oxman, Andrew D. Lipman, Russell M. Blau, Eric J. Branfman, Patrick J. Donovan, Joshua M. Bobeck, David P. Murray, Randy J. Branitsky, and Thomas Jones. Jennifer M. Kashatus entered an appearance.
Christopher J. White argued the cause and filed the briefs for petitioner New Jersey Division of the Ratepayer Advocate.
David C. Bergmann was on the brief for petitioner National Association of State Utility Consumer Advocates.
John E. Ingle, Deputy Associate General 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, Jacob M. Lewis, Associate General Counsel, and James M. Carr and Christopher L. Killion, Counsel.
David P. Murray argued the cause for CLEC Intervenors in support of respondents. With him on the brief were Randy J. Branitsky, Thomas Jones, Bruce D. Sokler, Michael H. Pryor, Fernando R. Laguarda, Jason Oxman, Andrew D. Lipman, Russell M. Blau, Eric J. Branfman, Patrick J. Donovan, Joshua M. Bobeck, Brad E. Mutschelknaus, Genevieve Morelli, and Steven A. Augustino.
Michael K. Kellogg argued the cause for ILEC Intervenors and Ciena Corporation in support of respondents. With him on the brief were Mark L. Evans, Sean A. Lev, Colin S. Stretch, Scott H. Angstreich, William P. Barr, Michael E. Glover, Edward Shakin, James D. Ellis, Gary L. Phillips, Christopher Heimann, James P. Lamoureux, Robert B. McKenna, Stephen L. Goodman, Marc Gary, James G. Harralson, and Bennett L. Ross.
Before: GINSBURG, Chief Judge, and SENTELLE and GRIFFITH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge.
The Federal Communications Commission ("FCC" or "the Commission") has thrice attempted—unsuccessfully—to implement the "unbundling" provisions of the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 ("the Act" or "the 1996 Act"). This case involves a series of petitions for review of the FCC's fourth attempt. Because we conclude the Commission's fourth...
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