United States Ninth Circuit

Petitions for review arising from the Federal Communications Commission's (FCC) report and order changing its interpretation of a provision of the Telecommunications Act involving interconnection agreements between ILECs and CLECs are denied where: 1) the provision at issue is ambiguous and the FCC's "all-or-nothing" interpretation, which replaced its "pick-and-choose" interpretation, is reasonable; and 2) the FCC did not abuse its discretion by adopting the new rule.

Appellate Information

• Argued 06/12/2006
• Decided 08/29/2006
• Published 08/29/2006

Judges

• T.G. NELSON, Circuit Judge., Before RYMER, T.G. NELSON, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell M. Blau, Swidler Berlin Shereff Friedman, LLP, Washington, D.C., for petitioner New Edge Network, Inc., Stephanie Joyce, Kelley Drye & Warren LLP, Washington, D.C., for petitioners CompTel/ASCENT Alliance, KMC Telecom Holdings, Inc., Onfiber Communications, Inc., Snip Link, LLC, XO Communications, Inc., and Xspedius Communications, LLC., David E. Mills, Dow, Lohnes & Albertson, PLLC, Washington, D.C., for petitioner Cox Communications, Inc., Colin S. Stretch, Kellogg, Huber, Hansen, Todd, Evans, & Figel, P.L.L.C., Washington, D.C., for the intervenors.


• For Appellees:
  
• James M. Carr, Counsel, and Austin C. Schlick, Acting General Counsel, Washington, D.C., for the respondents.