United States DC Circuit

FCC's merger order is precluded under 47 USC 160(d) of the Telecommunications Act of 1996 where it has the "the legal and practical equivalent" of forbearance authority over an incumbent local exchange carrier.

Appellate Information

• Argued 10/11/2000
• Decided 01/09/2001
• Published 01/09/2001

Judges

• Before:  EDWARDS, Chief Judge, ROGERS, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles C. Hunter argued the cause for appellant and supporting intervenor Competitive Telecommunications Association.   With him on the briefs were Catherine M. Hannan and Robert M. McDowell., Peter D. Keisler argued the cause for intervenor AT&T Corp.   With him on the brief were Mark C. Rosenblum, Roy E. Hoffinger and C. Frederick Beckner III., Michael K. Kellogg argued the cause for intervenor SBC Communications Inc.   With him on the brief were James D. Ellis and Martin E. Grambow.


• For Appellees:
  
• John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for appellee.   With him on the brief were Christopher J. Wright, General Counsel, and Laurence N. Bourne, Counsel.