CORE COMMUNICATIONS, INC., Petitioner
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
Earthlink, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 16, 2009.
Decided January 12, 2010.
Attorney(s) appearing for the Case
Michael B. Hazzard argued the cause for petitioner Core Communications, Inc. and supporting intervenors. With him on the briefs were Joseph P. Bowser, Adam D. Bowser, Joshua M. Bobeck, and Ross A. Buntrock.
Jonathan D. Feinberg argued the cause for petitioners People of the State of New York and Public Service Commission of the State of New York, intervenors Pennsylvania Public Utilities Commission and the National Association of State Utility Consumer Advocates, and amicus curiae Arizona Corporation Commission. On the briefs were John C. Graham, James Bradford Ramsay, Robin K. Lunt, David Cleveland Bergmann, Joseph Kevin Witmer, and Maureen A. Scott.
Joshua M. Bobeck, Ross A. Buntrock, and Michael B. Hazzard were on the brief for intervenors in support of petitioners. Adam D. Bowser and Joseph P. Bowser entered appearances.
Joseph R. Palmore, Deputy General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Richard K. Welch, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel. Nancy C. Garrison and Catherine G. O'Sullivan, Attorneys, U.S. Department of Justice, and Daniel M. Armstrong III, Associate General Counsel, Federal Communications Commission, entered appearances.
Scott H. Angstreich argued the cause for intervenors in support of respondents. With him on the brief were Michael K. Kellogg, Kelly P. Dunbar, Michael E. Glover, Karen Zacharia, Christopher M. Miller, Gary L. Phillips, John T. Nakahata, Carl W. Northrop, Stephen B. Kinnaird, Timothy J. Simeone, Joseph C. Cavender, and John E. Benedict. Robert B. McKenna Jr. entered an appearance.
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
United States Court of Appeals, District of Columbia Circuit.
WILLIAMS, Senior Circuit Judge:
When a customer accesses the internet via "dial-up," his or her call goes to a local exchange carrier ("LEC"), which commonly hands the call off to another LEC, which in turn connects the customer to an internet service provider ("ISP").1 The ISP links the customer to the web. At least as early as 1999 the Federal Communications Commission was concerned that the...
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