ILLINOIS BELL TELEPHONE COMPANY, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Bell Atlantic Telephone Companies, American Telephone and Telegraph Company, New York Telephone Company, et al., Southwestern Bell Telephone Company, Pacific Bell and Nevada Bell, Contel Corporation, Cincinnati Bell Telephone Co., Southern Bell Telephone & Telegraph Company, et al., Ad Hoc Telecommunications Users Committee, the Mountain States Telephone & Telegraph Co., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 14, 1992.
Decided June 16, 1992.
Attorney(s) appearing for the Case
Alfred Winchell Whittaker, with whom John Gibson Mullan, Mary E. Cabanski, and Floyd S. Keene for Illinois Bell Telephone Co.; Gail L. Polivy and Richard McKenna for GTE Service Corp., et al.; William B. Barfield and M. Robert Sutherland for Bell South Corp., et al.; Thomas E. Taylor for Cincinnati Bell Telephone Co.; John Thorne, Michael D. Lowe, and J. Manning Lee for Bell Atlantic Telephone Companies; James P. Tuthill, Margaret deB. Brown, John W. Bogy, and Stanley J. Moore for Pacific Bell, Nevada Bell; Martin T. McCue for U.S. Telephone Ass'n; Robert B. McKenna and Lawrence E. Sarjeant for U S WEST Communications, Inc.; and Richard C. Hartgrove for Southwestern Bell Telephone Co., were on the joint brief of petitioners and supporting intervenors in Nos. 89-1365, 89-1368, and 91-1356. Thomas L. Welch, William C. Sullivan, Patricia J. Nobles, R. Frost Branon, Jr., John Paul Walters, Mark D. Mathis, and James R. Young also entered appearances, for petitioners.
John E. Ingle, Deputy Associate General Counsel, with whom Robert L. Pettit, General Counsel, and James M. Carr, Attorney, F.C.C.; and James F. Rill, Asst. Atty. Gen., and Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Dept. of Justice, were on the brief, for respondents in all cases. Daniel M. Armstrong and Laurel R. Bergold, Attorneys, F.C.C., also entered appearances for respondents.
Marc E. Manly, Francine J. Berry, and Peter H. Jacoby entered appearances for intervenor American Tel. and Tel. Co.
Saul Fisher, Martin J. Silverman, and Donald W. Boecke entered appearances for intervenor New York Telephone Co., et al., in Nos. 89-1365 and 89-1368.
John C. Wohlstetter entered an appearance for intervenor Contel Corp. in Nos. 89-1365 and 89-1368.
James S. Blaszak and Charles C. Hunter entered appearances for intervenor Ad Hoc Telecommunications Users Committee in Nos. 89-1365 and 89-1368.
Dana A. Rasmussen, Lawrence E. Sarjeant, and Robert B. McKenna entered appearances for intervenors The Mountain States Tel. and Tel. Co., et al., in No. 89-1365.
Alfred Winchell Whittaker, John Gibson Mullan, Mary E. Cabanski, and Floyd S. Keene entered appearances for intervenors Ameritech Operating Companies, et al., in Nos. 89-1368 and 91-1356.
Theodore D. Frank and Vonya B. McCann entered appearances for intervenor Central Telephone Co. in No. 91-1356.
Before: BUCKLEY, SENTELLE, and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge:
Petitioning telephone carriers filed access tariffs with the Federal Communications Commission ("FCC" or "Commission"). The rates in question here were permitted by the Commission to go into effect without suspension. Thereafter, the FCC subjected these rates to further review and disallowed a portion. The Commission ordered not only...
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