United States DC Circuit

The FCC made a reasonable policy determination to grant additional pricing flexibility to incumbent Local Exchange Carriers through a series of collocation based triggers, deregulation of new services, and deaveraging of rates that was neither arbitrary and capricious nor contrary to law.

Appellate Information

• Argued 11/30/2000
• Decided 02/02/2001
• Published 02/02/2001

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Carl S. Nadler argued the cause for petitioners and supporting intervenors.   With him on the briefs were Ian Heath Gershengorn, Thomas F. O'Neil, III, William Single, IV, Jeffrey A. Rackow, Mark C. Rosenblum, Peter H. Jacoby, Judy Sello, Gene C. Schaerr, James P. Young, Brian Conboy, Thomas Jones, Albert H. Kramer, Robert J. Aamoth, Charles C. Hunter and Catherine M. Hannan.   Maria L. Woodbridge entered an appearance., Mark L. Evans, Rachel E. Barkow, M. Robert Sutherland, Dan L. Poole, Robert B. McKenna, James D. Ellis, Alfred G. Richter, Jr., Roger K. Toppins, Hope E. Thurrott, Charles J. Scharnberg, William P. Barr, M. Edward Whelan III, Michael E. Glover, Edward Shakin and Joseph DiBella were on the brief of intervenors BellSouth Corporation, et al.  John H. Harwood II and William R. Richardson, Jr. entered appearances.


• For Appellees:
  
• Lisa S. Gelb, Counsel, Federal Communications Commission, argued the cause for respondent.   With her on the brief were Christopher J. Wright, General Counsel, and John E. Ingle, Deputy Associate General Counsel.   Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, and Laurence N. Bourne, Counsel, entered appearances.