United States DC Circuit

Petitioners are entitled to pursue forbearance under section 10 of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 without regard to 14 FCCR 14,221, so section 10 remains a viable and independent avenue of appeal for pricing flexibility.

Appellate Information

• Argued 11/30/2000
• Decided 01/26/2001
• Published 01/26/2001

Judges

• Before:  EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gene C. Schaerr argued the cause for petitioner AT&T Corporation and supporting intervenor WorldCom, Inc.   With him on the briefs were James P. Young, Mark C. Rosenblum, Peter H. Jacoby, Judy Sello, Thomas F. O'Neil, III, William Single, IV, and Jeffrey A. Rackow., William T. Lake argued the cause for petitioner U.S. WEST Communications, Inc.   On the briefs were Dan L. Poole, Robert B. McKenna, John H. Harwood, II, and William R. Richardson, Jr., Mark C. Rosenblum, Peter H. Jacoby, Judy Sello, Gene C. Schaerr, James P. Young, Thomas F. O'Neil, III, William Single, IV, and Jeffrey A. Rackow were on the brief for intervenors AT&T Corporation and WorldCom, Inc.


• For Appellees:
  
• John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Christopher J. Wright, General Counsel, and Laurel R. Bergold, Counsel.   Robert B. Nicholson and Robert J. Wiggers, Attorneys, United States Department of Justice, entered appearances.