AD HOC TELECOMMUNICATIONS USERS COMMITTEE, et al., Petitioners
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
AT&T Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 20, 2009.
Decided July 17, 2009.
Attorney(s) appearing for the Case
Colleen L. Boothby and Christopher J. Wright argued the cause for private petitioners. With them on the briefs were David P. Murray, Thomas Jones, Randy Branitsky, Russell M. Blau, Joshua M. Bobeck, Brad E. Mutschelknaus, Genevieve Morelli, John J. Heitmann, Timothy J. Simeone, and Joseph C. Cavender.
Stefanie A. Brand was on the brief for petitioner the New Jersey Division of Rate Counsel. With her on the briefs was Ronald K. Chen and Christopher J. White.
Richard K. Welch, Acting Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Matthew B. Berry, General Counsel, Jacob M. Lewis, Associate General Counsel, and Laurel R. Bergold, Counsel. Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, and James M. Carr, Counsel, Federal Communications Commission, entered appearances.
Jonathan E. Nuechterlein argued the cause for intervenors AT & T Inc., et al. in support of the respondent. With him on the brief were Lynn R. Charytan, Heather M. Zachary, Jack S. Zinman, Gary L. Phillips, Paul K. Mancini, Michael E. Glover, Edward Shakin, William H. Johnson, Craig J. Brown, Robert B. McKenna, David W. Zesiger, Scott H. Angstreich, Gregory G. Rapawy, and Gregg Sayre.
Opinion for the Court filed by Circuit Judge KAVANAUGH.
United States Court of Appeals, District of Columbia Circuit.
KAVANAUGH, Circuit Judge:
This case involves the FCC's regulation of "special access" broadband lines that connect individual businesses to their incumbent local exchange carriers. Businesses need dedicated special access lines to utilize essential broadband applications. In many areas, however, only one incumbent local exchange carrier (usually AT&T, Verizon, or Qwest) maintains the special access lines that connect to individual businesses in that locale. The...
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