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NORTHERN VALLEY COMMUNICATIONS, LLC v. F.C.C.

Nos. 11-1467, 11-1468.

717 F.3d 1017 (2013)

NORTHERN VALLEY COMMUNICATIONS, LLC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents AT & T Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2013.

Attorney(s) appearing for the Case

Ross A. Buntrock argued the cause for petitioner. With him on the briefs was G. David Carter .

Joel Marcus , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Joseph F. Wayland , Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Nickolai G. Levin , Attorneys, and Austin C. Schlick , General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Jacob M. Lewis , Associate General Counsel, entered an appearance.

David H. Solomon argued the cause for intervenors. With him on the brief were Russell P. Hanser , Marc Goldman , James C. Cox , Scott H. Angstreich , Gregory G. Rapawy , Michael B. Fingerhut , Gary L. Phillips , Michael E. Glover , and Christopher M. Miller .

Opinion for the Court filed by Circuit Judge, KAVANAUGH.

KAVANAUGH, Circuit Judge.

When you make a long-distance telephone call, the call travels from your local exchange carrier, known as a LEC, to a long-distance carrier. The long-distance carrier routes the call to the call recipient's LEC. That LEC then completes the call to the recipient.

LECs are classified as either competitive (CLECs) or incumbent (ILECs). Subject to FCC approval, CLECs may impose tariffs on long-distance carriers for access to CLECs' customers...

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