FARMERS & MERCHANTS MUTUAL TELEPHONE CO. v. F.C.C.

Attorney(s) appearing for the Case

John F. Cooney argued the cause for petitioner. With him on the briefs were James U. Troup , Tony S. Lee , and Christine McLaughlin.

Ross A. Buntrock argued the cause for intervener Northern Valley Communications, LLC. With him on the briefs was G. David Carter . Jonathan E. Canis and Stephanie A. Joyce entered appearances.

Joel Marcus , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Austin C. Schlick , General Counsel, Peter Karanjia , Deputy General Counsel, and Richard K. Welch , Acting Associate General Counsel. Robert B. Nicholson and Robert J. Wiggers , Attorneys, U.S. Department of Justice, and Daniel M. Armstrong III , Associate General Counsel, Federal Communications Commission, entered appearances.

David H. Solomon argued the cause for intervenors Qwest Communications Company, LLC, et al. With him on the brief were Craig J. Brown , Russell P. Hanser , Robert B. McKenna , Charles W. McKee , Michael B. Fingerhut , Scott H. Angstreich , Gregory G. Rapawy , M. Robert Sutherland , Gary L. Phillips , Paul K. Mancini , Michael E. Glover , Karen Zacharia , and Christopher M. Miller . David L. Lawson and James P. Young entered appearances.

Opinion for the Court by Circuit Judge ROGERS.