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CORE COMMUNICATIONS, INC. v. F.C.C.

No. 07-1381.

545 F.3d 1 (2008)

CORE COMMUNICATIONS, INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Verizon, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 2008.

Attorney(s) appearing for the Case

Michael B. Hazzard argued the cause for petitioner. With him on the briefs was Stephanie A. Joyce.

Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Richard K. Welch, Acting Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.

Bruce A. Olcott and Herbert E. Marks were on the brief for intervenor State of Hawaii.

Gregory J. Vogt, Richard A. Askoff, Scott H. Angstreich, Derek T. Ho, Michael E. Glover, Karen Zacharia, Daniel Mitchell, Karlen J. Reed, Thomas J. Moorman, Joshua Seidemann, Gary L. Phillips, and Gerald J. Duffy were on the joint brief for intervenors in support of respondents. Judith L. Harris and Robert H. Jackson entered appearances.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Core Communications, a competitive local exchange carrier ("LEC"), petitioned the Federal Communications Commission for "forbearance" under § 10(c) of the Telecommunications Act of 1996, 47 U.S.C. § 160(c). Specifically it asked the Commission to forbear from "rate regulation preserved by" § 251(g), from "rate averaging and rate integration required by" § 254(g), and, in each case, from "related

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