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IN RE CORE COMMUNICATIONS, INC.

No. 07-1446.

531 F.3d 849 (2008)

In re CORE COMMUNICATIONS, INC., Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Michael B. Hazzard argued the cause for petitioner. With him on the briefs was Joseph P. Bowser.

Joseph R. Palmore, Deputy General Counsel, argued the cause for respondent. With him on the brief were Matthew B. Berry, General Counsel, Richard K. Welch, Acting Deputy Associate General Counsel, and Nandan M. Joshi, Counsel.

Concurring opinion filed by Circuit Judge GRIFFITH.

GARLAND, Circuit Judge:

The Federal Communications Commission (FCC) has twice failed to articulate a valid legal justification for its rules governing intercarrier compensation for telecommunications traffic bound for Internet service providers (ISPs). In March 2000, this court vacated and remanded the Commission's first attempt at a justification. In May 2002, we rejected its second attempt, in that case remanding without...

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