TIME WARNER TELECOM, INC. v. F.C.C.

Nos. 05-4769, 05-5153, 06-1466, 06-1467.

507 F.3d 205 (2007)

TIME WARNER TELECOM, INC., Petitioner in No. 05-4769, v. FEDERAL COMMUNICATIONS COMMISSION; and United States of America, Respondents. Earthlink Inc., Petitioner in No. 05-5153, v. Federal Communications Commission, Respondent. Comptel, Petitioner in No. 06-1466, v. Federal Communications Commission; United States of America, Respondents, Montana Sky Networks Inc, d/b/a Montanasky.Net, Intervenor. ACN Communications Services Inc.; Broadwing Communications, LLC.; Integra Telecom Inc.; McLeodUSA Telecommunications Services, Inc.; Mpower Communications Corp.; and Pac-West Telecomm, Inc., Petitioners in No. 06-1467, v. Federal Communications Commission; and United States of America, Respondents.

United States Court of Appeals, Third Circuit.

Filed: October 16, 2007.


Attorney(s) appearing for the Case

David P. Murray (Argued), Wilkie, Farr & Gallagher LLP, Washington, DC, for Petitioner Time Warner Telecom Inc.

James M. Carr (Argued), Federal Communications Commission, Office of General Counsel, Washington, DC, for Respondent Federal Communications Commission.

Nancy C. Garrison, Catherine G. O'Sullivan, United States Department of Justice, Appellate Section, Washington, DC, for Respondent United States of America.

Michael K. Kellogg (Argued), Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Intervenors BellSouth Corp. and AT & T Inc.

Robert B. McKenna, Qwest Services Corporation, Denver, CO, for Intervenor Qwest Communications International Inc.

Stephen J. Rosen, Levine, Blaszak, Block & Boothby LLP, Washington, D.C., for Intervenor Ad Hoc Telecommunications Users Committee.

Andrew G. McBride, Wiley Rein LLP, Washington, DC, for Intervenors the Verizon telephone companies.

Mark J. O'Connor, Donna N. Lampert (Argued), Lampert & O'Connor, P.C., Washington, DC, for Petitioner Earthlink Inc.

Harold Feld, Media Access Project, Washington, DC, for Intervenors National Alliance for Media Arts and Culture; Office of Communication of the United Church of Christ, Inc.; and Center for Digital Democracy.

Marc J. Fink, John W. Butler (Argued), Sher & Blackwell LLP, Washington, DC, for Petitioner COMPTEL.

Ivan C. Evilsizer, Helena, MT, for Intervenor Montana Sky Networks Inc.

Joshua M. Bobeck, Bingham McCutchen LLP, Washington, DC, for Petitioners ACN Communications Services Inc.; Broadwing Communications; Integra Telecom Inc.; McLeodUSA Telecommunications Services Inc.; Mpower Communications Corp.; and Pac-West Telecomm. Inc.

Before: FUENTES, GREENBERG, and LOURIE, Circuit Judges.


OPINION

FUENTES, Circuit Judge.

The petition under review arises from an order of the Federal Communications Commission ("FCC"), which substantially limits federal regulation of high-speed Internet access service provided over traditional telephone lines (referred to as "wireline broadband Internet access service"). The dispute centers, in large part, on the FCC's decision to relieve telephone companies of decades-old regulations that required them to grant...

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